Citation : 2024 Latest Caselaw 6870 P&H
Judgement Date : 2 April, 2024
Neutral Citation No:=2024:PHHC:043542
CWP-6119-2024 2024:PHHC:043542 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(110) CWP-6119-2024
Date of Decision : April 02nd 2024
Vinod Kumar .. Petitioner
Versus
State of Haryana and others .. Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Mr. Saurabh Dalal, Advocate, for the petitioner.
Mr. Harish Nain, Assistant Advocate General, Haryana.
HARSIMRAN SINGH SETHI J. (ORAL)
1. In the present writ petition, the prayer of the petitioner is that
the retiral benefits of the petitioner were only released after the direction
was given by this Court and though the petitioner retired on 31.05.2023 but
the benefits were only released to him in February 2024 hence, keeping in
view the judgment of the Full Bench of this Court in A.S. Randhawa Vs.
State of Punjab and others, 1997(3) SCT 468, the petitioner is entitled for
interest on the delayed release of the pensionary benefits.
2. Learned counsel for the petitioner submits that once there was
no impediment in the release of the pensionary benefits, the petitioner is
entitled for the grant of interest and to claim the same, the petitioner has
already filed a representation dated 23.02.2024 (Annexure P-4) 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
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Neutral Citation No:=2024:PHHC:043542
representation by passing an appropriate speaking order by keeping in mind
the judgment in A.S. Randhawa's case (supra).
3. Notice of motion.
4. Mr. Harish Nain, learned Assistant Advocate General, Haryana,
who is present in the Court, accepts notice on behalf of the respondents.
5. Learned counsel for the respondents submits that in case the
representation dated 23.02.2024 (Annexure P-4) has been received in the
office of concerned authorities and is still pending consideration, the same
will be decided by the authorities concerned keeping in view the facts and
circumstances as well as settled principle of law in A.S. Randhawa's case
(supra), within a period of eight weeks of the receipt of copy of this order
and in case, after the decision of the representation, any benefit accrues to
the petitioner, the same will also be released to him otherwise due reasons
will be mentioned in the speaking order for not accepting the claim of the
petitioner for his information and necessary action.
6. Learned counsel for the petitioner submits that keeping in view
the statement of learned counsel for the respondents, the present writ
petition may kindly be disposed of having been not pressed any further.
7. Ordered accordingly.
April 02nd, 2024 (HARSIMRAN SINGH SETHI)
harsha JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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