Khushi Ram vs State Of Haryana And Others
2024 Latest Caselaw 8698 P&H

Punjab-Haryana High Court

Khushi Ram vs State Of Haryana And Others on 24 April, 2024

Author: Harsimran Singh Sethi

Bench: Harsimran Singh Sethi

                                       Neutral Citation No:=2024:PHHC:055335




CWP-9114-2024                           -1-    2024:PHHC:055335


               IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH


112                                            CWP-9114-2024
                                               Date of Decision :24.04.2024


Khushi Ram                                                       ...Petitioner


                                 Versus


State of Haryana and others                                  ....Respondents

CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:     Mr. Kuldeep Sheoran, Advocate for
             Mr. Ashish Pannu, Advocate for the petitioner.

                   ***

Harsimran Singh Sethi, J. (Oral)

1. Learned counsel for the petitioner argues that the petitioner has

already retired from service on 30.06.2023 but his leave encashment has not

been released to him, which is causing prejudice to the petitioner. Learned

counsel for the petitioner further argues 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 the retirement but in the case of

the petitioner, 10 months have already passed but the leave encashment has

not been released to the petitioner so far, hence, the respondents be directed

to release the same to the petitioner along with interest.

2. Learned counsel for the petitioner further submits that the

petitioner has already raised the said grievance before the respondents by

1 of 2

Neutral Citation No:=2024:PHHC:055335

CWP-9114-2024 -2- 2024:PHHC:055335

way of submitting a representation dated 01.01.2024 (Annexure P/1) and

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

issued to the respondents to decide the said representation.

3. Notice of motion.

4. Mr. Harish Nain, AAG, Haryana, accepts notice on behalf of

the respondents and submits that in case, representation dated 01.01.2024

(Annexure P/1) has been received from the petitioner and is still pending

consideration with the authorities concerned, the same will be decided in

accordance with law and an appropriate speaking order will be passed

within a period of 08 weeks from the date of receipt of copy of this order

and in case it is found feasible to grant the relief to the petitioner, the same

will be extended to him otherwise, due reasons for not accepting the claim

of the petitioner will be mentioned in the speaking order so passed.

5. Learned counsel for the petitioner submits that keeping in view

the statement of the learned counsel for the respondents, present petition

may kindly be disposed of having been not pressed any further.

6. Ordered accordingly.

April 24, 2024                       (HARSIMRAN SINGH SETHI)
aarti                                          JUDGE
            Whether speaking/reasoned : Yes/No
            Whether reportable :        Yes/No




                                      2 of 2