Tarsem Kumar vs Punjab State Power Corporation ...
2022 Latest Caselaw 1465 P&H

CWP-4737-2022                                               1

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

(121)                            CWP-4737-2022
                                 Date of Decision : March 10, 2022

Tarsem Kumar                                                .. Petitioner



                                 Versus


Punjab State Power Corporation Limited and others .. Respondents

CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present: Mr. Rahul Bhargava, Advocate, for the petitioner.

Mr. Navdeep Chhabra, DAG, Punjab

HARSIMRAN SINGH SETHI J. (ORAL)

Learned counsel for the petitioner argues that in the present

case, the petitioner has already retired from the service on attaining the age

of superannuation on 30.09.2020 and despite the fact that more than one and

half year has already elapsed but the pensionary benefits for which the

petitioner is entitled for, have not been released to him. 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 and others, 1997(3) SCT

468, an employee has to get his pensionary benefits within a period of two

months of his retirement unless and until there is any impediment. Learned

counsel for the petitioner further submits that in the present case, there is no

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

are no proceedings pending against the petitioner either before the

department or any other competent Court of law which will give jurisdiction

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to the respondents to withhold his pensionary benefits and therefore,

appropriate direction be issued to the respondents to release the pensionary

benefits of the petitioner without any further delay along with the interest

for the delay occurred. Learned counsel for the petitioner further submits

that for the relief which has been claimed in the present petition, the

petitioner has already served a legal notice dated 30.11.2021 (Annexure P-

4) upon the respondents and the petitioner will be satisfied at this stage in

case a time bound direction is issued to respondent No.1 to decide the said

legal notice by passing an appropriate speaking order.

Notice of motion.

On asking of the Court, Mr. Navdeep Chhabra, learned Deputy

Advocate General, Punjab, accepts notice on behalf of the respondents-

State.

Learned counsel for the respondents raises no objection in

deciding the legal notice dated 30.11.2021 (Annexure P-4) 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 30.11.2021 (Annexure P-4), the present writ petition

is disposed of with a direction to respondent No.1 to decide the legal notice

dated 30.11.2021 (Annexure P-4) within a period of eight weeks from the

date of receipt of copy of this order.

March 10, 2022                            (HARSIMRAN SINGH SETHI)
harsha                                           JUDGE


             Whether speaking/reasoned : Yes
             Whether reportable       : No




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