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High Court of Punjab and HaryanaCWP/28363/2024disposed of

Manjit Singh v. State Of Punjab And ORS

2024-10-21Mr. Justice Namit Kumar2 pages

CWP No.28363 of 2024 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.28363 of 2024 (O&M) Date of decision: 21.10.2024 Manjit Singh ....Petitioner

Versus

State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present:

Mr. Anish Batra, Advocate for the petitioner. NAMIT KUMAR J. (Oral) 1.

Prayer in this writ petition filed by the petitioner under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of mandamus, directing the respondents to release the retirement dues i.e. Gratuity and Leave Encashment to the petitioner along with interest @ 9% per annum. Further prayer has been made to direct the respondents to decide the representation dated 26.09.2024 (Annexure P-3), within a stipulated period.

2.

Learned counsel for the petitioner submits that the petitioner retired from service on attaining the age of superannuation on 30.06.2024, from Municipal Council Dhuri, District Sangrur, however, his pensionary benefits have not been released. He further submits that only a sum of Rs.6.00 lacs have been paid to the petitioner, however, an amount of Rs.20.00 lacs (approximately) is still pending. He submits that the petitioner has submitted representations dated 11.09.2024 and 26.09.2024 (Annexures P-2 and P-3, respectively), however, neither the same have been replied nor the due benefits have been released to the MOHD YAKUB 2024.10.22 10:28 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

CWP No.28363 of 2024 (O&M) petitioner. Lastly, he submits that the petitioner would be satisfied in case time bound directions are issued to respondents No.3 and 4 to consider and decide the said representations dated 11.09.2024 and 26.09.2024 (Annexures P-2 and P-3, respectively), by passing a speaking order.

3.

Notice of motion.

4.

Mr. Rajesh Sehgal, Addl. A.G., Punjab, accepts notice on behalf of respondents No.1 to 3. On the asking of the Court Mr. Shobhit Phutela, Advocate, who is on the panel of Department of Local Government, Punjab, has accepted notice on behalf of respondent No.4 and have no objection to the innocuous prayer made by learned counsel for the petitioner.

5.

I have heard learned counsel for the parties and have gone through the record of the case.

6.

Without going into the merits of the case at this stage, the present petition is disposed of with a direction to respondents No.3 and 4 to consider and decide the representations dated 11.09.2024 and 26.09.2024 (Annexures P-2 and P-3, respectively), submitted by the petitioner expeditiously, by passing a speaking order, preferably within a period of three months from the date of receipt of certified copy of this order.

(NAMIT KUMAR) JUDGE 21.10.2024 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2024.10.22 10:28 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh