Brij Lal vs State Of Punjab And Others
2022 Latest Caselaw 1330 P&H

CWP No. 4551 of 2022                                              1

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH

(120)                           CWP No. 4551 of 2022
                                Date of Decision : 08.03.2022
Brij Lal
                                                                   ....Petitioner

                                   Versus

State of Punjab and others

                                                                .....Respondents

CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:-    Mr. Peeush Gagneja, Advocate for the petitioner.
             ***

Harsimran Singh Sethi, J. (Oral)

The present petition has been filed with a prayer that an

appropriate direction be issued to the respondents for the release of the

amount of revised pension/retiral dues along with interest keeping in view

the works, which have been executed by the petitioner in the State of

Punjab.

Learned counsel for the petitioner argues that though the

petitioner has already attained the age of superannuation on 31.08.2021 and

retired while working in Municipal Corporation but, all the retiral benefits

available to the petitioner have not been released except a sum of Rs.

4,16,000/-. Learned counsel for the petitioner submits that there is no

impediment in the release of the pensionary benefits of the petitioner as

there are no criminal proceedings pending against the petitioner either

before any department or any competent Court of Law, which would have

entitled the respondents to withhold the pensionary benefits. Hence,

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

1 of 2

Randhawa Vs. State of Punjab and others, 1997(3) SCT 468, wherein, it

has been held that employees are entitled for the release of their pensionary

benefits within a period of two months, direction may kindly be issued to

the respondent-Corporation to release the pensionary benefits forthwith

along with interest.

Learned counsel for the petitioner submits that for the relief,

which has been claimed in the present writ petition, the petitioner has served

upon the respondents a legal notice dated 18.01.2022 (Annexure P-3),

which is still pending consideration with the respondents and petitioner will

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

respondent No. 2 to decide the same by passing appropriate speaking order.

Notice of motion.

Mr. Hittan Nehra, learned Additional Advocate General, Punjab,

who is present in Court, accepts notice on behalf of respondent-State. Learned

State counsel submits that respondent No. 2 raises no objection in deciding the

legal notice dated 18.01.2022 (Annexure P-3) in a time bound manner by

passing an appropriate speaking order.

In view of the request made, without expressing any opinion

on the merits of the case or the claim being made by the petitioner,

respondent No. 2 is directed to decide the legal notice dated 18.01.2022

(Annexure P-3) by passing a speaking order within a period of 8 weeks

from the date of receipt of copy of this order.

Present writ petition stands disposed of.

March 08, 2022                 ( HARSIMRAN SINGH SETHI )
kanchan                                   JUDGE
           Whether reasoned/speaking? Yes
           Whether reportable?        No



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