Balwinder Singh vs State Of Punjab And Others
2022 Latest Caselaw 6344 P&H

CWP-14165-2022                                                              1

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH



(120)                            CWP-14165-2022
                                 Date of Decision : July 07, 2022


Balwinder Singh                                             .. Petitioner


                                 Versus


State of Punjab and others                                   .. Respondents

CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present: Mr. Amrik Singh, Advocate, for the petitioner.

HARSIMRAN SINGH SETHI J. (ORAL)

Learned counsel for the petitioner argues that the retiral

benefits were released to the petitioner after a delay. Learned counsel for

the petitioner submits that the petitioner retired from service on 30.09.2021

but the retiral benefits were released to the petitioner in January, 2022 and

keeping in view the judgment of the Full Bench of this Court in A.S.

Randhawa Vs. State of Punjab and others, 1997(3) SCT 468, the petitioner

is entitled for the grant of interest as there was no impediment in the release

of the pensionary benefits and the pensionary benefits were delayed by the

respondents themeselves.

Learned counsel for the petitioner further submits that the

petitioner has raised the said grievance before the respondents by serving

upon them a legal notice dated 13.06.2022 (Annexure P-3) which is still

pending consideration with the respondents and the petitioner will be

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satisfied, at this stage, in case a time bound direction is issued to the

respondents to decide the said legal notice dated 13.06.2022 (Annexure P-3)

by passing an appropriate speaking order.

Notice of motion.

Ms. Anju Sharma Kaushik, learned Deputy Advocate General,

Punjab, who is present in the Court, accepts notice on behalf of the

respondents.

Learned counsel for the respondents raises no objection in

deciding the legal notice of the petitioner in a time bound manner by

passing an appropriate speaking order.

Without commenting upon the merits of the case or about the

entitlement of the petitioner for the relief which has been claimed by him in

the legal notice dated 13.06.2022 (Annexure P-3), the present writ petition

is disposed of with a direction to respondent No.2 to decide the legal notice

dated 13.06.2022 (Annexure P-3) within a period of eight weeks from the

receipt of copy of this order.

In case, it is found that the petitioner is entitled for the

monetary benefits after the decision of the legal notice, the same should also

be paid to the petitioner within four weeks thereafter.

July 07, 2022                          (HARSIMRAN SINGH SETHI)
harsha                                       JUDGE

             Whether speaking/reasoned : Yes
             Whether reportable       : No




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