Asha Rani vs State Of Punjab And Ors
2023 Latest Caselaw 282 P&H

      IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH

110                                             CWP-267 of 2023
                                                Date of Decision:09.01.2023

Asha Rani


                                                                    ....Petitioner(s)
                                      Versus
State of Punjab and others

                                                                  .....Respondent(s)

CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI

Present:     Mr. Lalit Goyal, Advocate,
             for the petitioner.

             ****

JASGURPREET SINGH PURI, J. (Oral)

The present writ petition has been filed under Articles 226/227 of

the Constitution of India seeking prayer for release of complete

retiral/pensionary service benefits including gratuity, dearness allowance,

GPF/PF, leave encashment, medical allowance and arrears of increment and

any other consequential benefits etc. alongwith interest.

Learned counsel for the petitioner has submitted that it is a case

where the petitioner had retired on 30.09.2022 from the office of respondent

No. 3 which is the Executive Officer, Nagar Council, Gidderbaha, District Sri

Muktsar Sahib.

Learned counsel the petitioner has submitted that till date the

retiral/pensionary benefits have not been paid to the petitioner without any

jusification and therefore she is entitled for the grant of all the retiral benefits

alongwith interest and even the representation dated 07.10.2022 vide Annexure

P-1 has not yet been decided.

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He relied upon Full Bench judgment of this Court in A.S.

Randhawa verus State of Punjab and others 1997(3) SCT 468 to contend

that 2 months time is sufficient time after retirement for payment of retiral

benefits.

Notice of motion.

Ms. Ambika Bedi, learned AAG, Punjab accepts notice on behalf

of respondent No. 1. Ms. Brea Sandhu, proxy counsel for Ms. Deepali Puri,

Addl. A.G. Punjab appeared on behalf of respondents No. 2 and 3.

Since the prayer in the present petition is only for the release of the

retiral/pensionary benefits to the petitioner alongwith the interest @ 18%, this

Court deems it fit and proper to dispose of the present petition with a direction

at this stage to consider and decide the representation dated 07.10.2022 issued

by the petitioner vide Annexure P-1.

Therefore, without observing anything on the merits of the case,

the present writ petition is disposed of with a direction to respondent No.3 who

is stated to be the competent authority of the petitioner to consider and decide

the representation dated 07.10.2022 (Annexure P-1) in accordance with law by

passing a speaking order within a period of three months from today.

                                        (JASGURPREET SINGH PURI)
                                                JUDGE
January 09, 2023
dinesh

            Whether speaking                    :   Yes/No
            Whether reportable                  :   Yes/No




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