Iqbal Singh vs State Of Punjab And Others
2022 Latest Caselaw 5867 P&H

       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

Sr. No.125                                         CWP No.12488 of 2022
                                                   Date of Decision: 01.06.2022


Iqbal Singh                                                           .... Petitioner

                                          Versus

State of Punjab and others                                        ... Respondents


CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:      Mr. P.S.Khurana, Advocate
              for the petitioner.
                     ***

HARSIMRAN SINGH SETHI, J. (ORAL)

Learned counsel for the petitioner argues that in the present

case, the petitioner got premature retirement on 05.01.2022 but the

pensionary benefits have not been released to the petitioner despite the fact

that the same have already been sanctioned and computed as well.

Learned counsel submits that as per the judgment rendered by

Hon'ble Full Bench of this Court in the case of "A.S. Randhawa Vs. State

of Punjab and others", 1997(3) SCT 468, all the pensionary benefits of an

employee are to be released within a period of two months from the date of

superannuation, in case there is no impediment. In the present case, the

period of two months after the superannuation of the petitioner has already

been lapsed and therefore, appropriate directions be given to the respondents

to release all the pensionary benefits to the petitioner forthwith.

Learned counsel for the petitioner further submits that the

petitioner has already raised the said grievance before the respondents by

serving upon them a legal notice dated 17.05.2022 (Annexure P-4), which is

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still pending consideration with the respondents and the petitioner will be

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

respondents to decide the said legal notice by passing an appropriate

speaking order.

Notice of motion.

Mr. Navdeep Chhabra, Deputy Advocate General, Punjab, who

is present in the Court, accepts notice on behalf of the respondents and raises

no objection in deciding the legal notice dated 17.05.2022 (Annexure P-4)

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 it in the

legal notice dated 17.05.2022 (Annexure P-4), the present writ petition is

disposed of with a direction to respondent No.3 to decide the legal notice

dated 17.05.2022 (Annexure P-4) within a period of eight weeks from the

receipt of copy of this order by passing an appropriate speaking order and in

case, after passing the speaking order, the petitioner is found entitled for any

relief, the same will be extended to him within a period of 4 weeks

thereafter.

                                           (HARSIMRAN SINGH SETHI)
                                                  JUDGE
01.06.2022
Maninder



              Whether speaking/reasoned         :      Yes/No
              Whether reportable                :      Yes/No




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