Amarjit vs State Of Punjab And Others
2022 Latest Caselaw 1715 P&H

CWP-5244-2022                                                            -1-
118
      IN THE HIGH COURT OF PUNJAB & HARYANA
                  AT CHANDIGARH
                                        ****

CWP-5244-2022 Date of Decision: 16.03.2022

Amarjit ..... Petitioner Versus

State of Punjab and others ..... Respondents

CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present: Mr. Baldev S.Sidhu, Advocate, for the petitioner.

*****

HARSIMRAN SINGH SETHI J. (ORAL)

The present petition has been filed seeking release of the retiral

benefits of the petitioner, which are not being released to him, despite the

fact that he superannuated on 30.06.2020, i.e. approximately one and a half

year ago.

Learned counsel for the petitioner submits that there is no

impediment in releasing of his said retiral benefits but still the same is not

being done, despite the settled principle of law as laid down in the judgment

passed by the Full Bench of this Court in "A.S. Randhawa Vs. State of

Punjab and others", 1997(3) SCT 468, wherein it has been mentioned that

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.

Learned counsel for the petitioner further submits that the said grievance

has already been raised by the petitioner before the competent Authority in

the form of a legal notice dated 06.10.2021 (Annexure P-4) but the same is

still pending consideration with the Authority concerned which is causing 1 of 2

prejudice to him.

Learned counsel for the petitioner further submits that the

petitioner will be satisfied at this stage, in case a time bound direction is

given to the respondents to decide the said legal notice dated 06.10.2021

(Annexure P-4) by passing an appropriate speaking order.

Notice of motion.

Mr. Navdeep Chhabra, DAG, Punjab, keeping in view the

advance service of copy of the petition, accepts notice on behalf of the State

and raises no objection, in case prayer made hereinbefore on behalf of the

petitioner for deciding the legal notice dated 06.10.2021 (Annexure P-4) in

a time bound manner is accepted.

Keeping in view the facts and circumstances of this case and

without going into merits of the present case as well as the said legal notice

dated 06.10.2021, this petition is disposed of with a direction to respondent-

Department to pass an appropriate speaking order on the legal notice dated

06.10.2021 (Annexure P-4), filed by the petitioner, within a period of eight

weeks from the date of receipt of the copy of this order. In case, the

petitioner is found entitled for the relief, the same be also released in his

favour within a period of next four weeks thereafter.

16.03.2022                               (HARSIMRAN SINGH SETHI)
Apurva                                           JUDGE


             1. Whether speaking/reasoned :           Yes

             2. Whether reportable             :      No




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