Malkiat Singh vs State Of Punjab And Ors
2024 Latest Caselaw 14702 P&H

Punjab-Haryana High Court

Malkiat Singh vs State Of Punjab And Ors on 14 August, 2024

Author: Harsimran Singh Sethi

Bench: Harsimran Singh Sethi

                                Neutral Citation No:=2024:PHHC:105707




131          IN THE HIGH COURT OF PUNJAB AND HARYANA
                          AT CHANDIGARH

                                  CWP-19797-2024 (O&M)
                                  Date of Decision : 14-08-2024

MALKIAT SINGH                                              ........Petitioner
                      VERSUS
STATE OF PUNJAB AND ORS
                                                           ........Respondent(s)


CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI


Present:     Mr. Virinder Shukla, Advocate
             for the petitioner.

             Mr. TPS Chawla, Sr. DAG Punjab.

             ***

HARSIMRAN SINGH SETHI, J. (Oral)

In the present petition, the petitioner is claiming retiral benefits

after attaining the age of superannuation on 30.04.2024.

Learned counsel for the petitioner submits that there is no

impediment in the release of the pensionary benefits the but still the said

benefits are not being released and that too without any valid justification

though, 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, the

pensionary benefits are to be released within a period of two months of the

retirement failing which, the employee will also be entitled for the interest.

Learned counsel for the petitioners further submits that the

grievance of the petitioner has already been raised in the demand notice

dated 03.06.2024, copy of which has been appended as Annexure P-3, the

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Neutral Citation No:=2024:PHHC:105707

CWP-19797-2024 (O&M) -2-

petitioner would be satisfied at this stage, if direction is issued to the

respondents to decide the same in the time bound manner and shall decide

the same by passing an appropriate speaking order.

Notice of motion.

Mr. TPS Chawla, Sr. DAG Punjab appears and accepts notice

on behalf of the respondent-State.

Learned State counsel submits that in case the demand notice

(Annexure P-3) dated 03.06.2024 has been received in the concerned office,

an appropriate speaking order on the same would be passed by respondents

within a period of 8 weeks of the receipt of copy of this order. Learned State

counsel further submits that in case, it is found feasible to accept the claim

of the petitioner, the same will be accepted, otherwise due reasons will be

mentioned for not accepting the claim of the petitioner in the speaking order

to be passed, which will be conveyed to him.

Learned counsel for the petitioner submits that keeping in view

the statement of the learned State counsel, the present petition may kindly be

disposed of as having been not pressed any further.

Ordered accordingly.

Pending application, if any, also stands disposed off.

14-08-2024                                  (HARSIMRAN SINGH SETHI)
Sapna Goyal
                                                    JUDGE

       NOTE:         Whether speaking: YES/NO
                     Whether reportable: YES/NO




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