Bhajan Singh vs State Of Punjab And Others
2022 Latest Caselaw 1334 P&H

CWP-4487-2022                                                        -1-

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH


114 (6)                                         CWP-4487-2022
                                                Date of Decision :08.03.2022

Bhajan Singh                                                        ..Petitioner


                                 Versus


State of Punjab and others                                       ...Respondents


CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI


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

                                       ***

Harsimran Singh Sethi, J. (Oral)

Learned counsel for the petitioner argues that though, the

petitioner has already been retired from the service of respondent No.3-

Fazilka Co-operative Sugar Mills Limited on 28.02.2021 but, the

pensionary benefits of the petitioner including gratuity and leave

encashment are not being released by the respondents and that too without

any valid justification. Learned counsel for the petitioner submits that as per

the judgment of the Full Bench of this Court in A. S. Randhawa vs. State

of Punjab 1997(3) SCT 468, the pensionary benefits of the employee are

to be released within a period of two months from the date of his/her

retirement in case there is no impediment in the release of the same. Learned

counsel for the petitioner further submits that though, in the present case,

there is no impediment for the release of the pensionary benefit of the

petitioner but, even after expiry of one year of the retirement, the benefits

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are not being released by the respondents. Prayer of the petitioner is for

issuance of a direction to the respondents to release all the pensionary

benefits of the petitioner forthwith.

Learned counsel for the petitioner further submits that for the

relief, which is being claimed in the present writ petition, the petitioner has

already served the respondents with a legal notice dated 27.01.2022

(Annexure P/3), which is 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 respondent No.3 to decide the said legal notice by

passing an appropriate speaking order.

In view of the above, without expressing any opinion on the

merits of the case or the claim being made by the petitioner in legal notice

dated 27.01.2022 (Annexure P/3), respondent No.3 is directed to decide

legal notice dated 27.01.2022 (Annexure P/3) submitted by the petitioner by

passing a speaking order within a period of eight weeks from the date of

receipt of a copy of this order.

Present writ petition stands disposed of.

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




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