Inderjeet Singh vs State Of Punjab And Others
2022 Latest Caselaw 1538 P&H

CWP No. 4883 of 2022
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        IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

(113)                            CWP No. 4883 of 2022
                                 Date of decision : 11.03.2022

Inderjeet Singh                                      ...Petitioner

                                    Versus

State of Punjab and others                            .....Respondents


CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:-   Mr. Vipin Mahajan, Advocate for the petitioner.

            ***

Harsimran Singh Sethi, J. (Oral)

The present petition has been filed for issuance of a direction to

the respondents to release the pensionary benefits of the petitioner, which

have been withheld by the respondents without any valid justification.

Learned counsel for the petitioner argues that the petitioner has

already retired on attaining the age of superannuation on 31.03.2021.

Learned counsel submits that though, approximately one year has elapsed

since the date of retirement of the petitioner, still no pensionary benefit has

been extended to him. Learned counsel for the petitioner submits that there

is no impediment in the release of the pensionary benefits of the petitioner

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

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

pensionary benefits should have been released by the respondents within a

period of two months of the retirement.

Learned counsel for the petitioner submits that for the relief,

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

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CWP No. 4883 of 2022

respondents with a legal notice dated 13.12.2021 (Annexure P-4), 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

respondents to decide the said legal notice.

Notice of motion.

Mr. Navdeep Chhabra, learned Deputy Advocate General,

Punjab, who has joined the proceedings through video conference, accepts

notice on behalf of the respondent-State and raises no objection for the grant

of prayer as raised in the present petition.

In view of the request made, without expressing any opinion on

the merits of the case and the claim being made by the petitioner,

respondents No. 2 and 3 are directed to decide the legal notice dated

13.12.2021 (Annexure P-4) by passing a speaking order within a period of

eight weeks from the date of receipt of a certified copy of this order. In case

after the decision, it is found that the petitioner is entitled for any monetary

benefit, the same shall also be released to him within a period of four weeks

thereafter.

Writ petition stands disposed of accordingly.

March 11, 2022                       ( HARSIMRAN SINGH SETHI )
kanchan                                       JUDGE

              Whether reasoned/speaking? Yes
              Whether reportable?              No




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