Som Nath vs State Of Punjab And Others
2022 Latest Caselaw 2026 P&H

135         IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH

                                  CWP-6059-2022
                                  Date of decision: - 24.03.2022
SOM NATH
                                                              ....Petitioner
                                    Versus

STATE OF PUNJAB AND OTHERS
                                                           .....Respondents


CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI


Present:-   Mr. Varun Dhawan, Advocate for the petitioner.

                          ***

Harsimran Singh Sethi, J. (Oral)

Learned counsel for the petitioner submits that in the

present case the petitioner retired from service on attaining the age of

superannuation on 31.12.2019, while working as Sweeper in Nagar

Council, Bagha Purana. Learned counsel further 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 is entitled for the

release of his pensionary benefits within a period of two months of his

retirement in case there is no impediment and in the case of the

petitioner, though there was no impediment, but still the pensionary

benefits were released in his favour starting from March, 2020 only till

August, 2021. Learned counsel submits that keeping in view the fact that

the release of the pensionary benefits has been delayed, as per the

judgement of A.S. Randhawa (supra), the petitioner has become entitled

for the grant of interest on delayed release of payment.

Learned counsel submits that the claim raised in the petition

has already been raised by the petitioner before the respondents by

1 of 2

serving a legal notice dated 31.12.2021 (Anneuxre P-3), which is still

pending consideration with respondent No.3 and 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 31.12.2021 (Annexure

P-3) by passing an appropriate order.

Notice of motion.

Mr. Navdeep Chhabra, learned DAG, Punjab, who is present

in Court, accepts notice on behalf of the State and raises no objection, in

case the prayer made hereinbefore on behalf of the petitioner for

deciding the legal notice dated 31.12.2021 (Annexure P-3) in a time

bound manner is accepted.

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.3 is directed to decide the legal notice dated 31.12.2021

(Annexure P-3) by passing an appropriate speaking order within a period

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

decision of the claim of the petitioner, it is found that the petitioner is

entitled for the monetary benefits, the same should be released to the

petitioner within a period of four weeks thereafter.

Present petition stands disposed of.

                                         ( HARSIMRAN SINGH SETHI )
24.03.2022                                        JUDGE
Ali

             Whether reasoned/speaking? Yes/No
             Whether reportable?        Yes/No




                                2 of 2