Punjab-Haryana High Court
Gurdeep Singh vs State Of Punjab And Others on 25 September, 2024
Neutral Citation No:=2024:PHHC:127032
-1-
CWP-24640
24640 of 2024
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-24640
24640 of 2024
Date of decision: 25.09.2024
Gurdeep Singh
......Petitioner
Versus
State of Punjab and others
......Respondents
CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR
Present: - Mr. B.S. Mittal, Advocate,
for the petitioner.
Mr. Teevar Sharma, AAG, Punjab.
NAMIT KUMAR, J. (ORAL)
1. Present petition has been filed under Article 226 of the
Constitution of India praying for issuance of writ in the nature of
mandamus directing the respondents to release the retiral benefits like
provident fund, leave encashment, gratuity, dearness allowance etc.
with interest @ 12% per annum.
2. Learned counsel for the petitioner submits that the
petitioner retired as Pump Operator onn 30.09.2023 on attaining the age
of superannuation and despite submitting various representations dated
28.03.2024, 22.04.2024 and 28.05.2024 (Annexure P
P-1 to P-3),
pensionary benefits of the petitioner have not been released. He further
submits that in view of the law laid down by Full Bench in A.S.
Randhawa v. State of Punjab and others, 1997(3) S.C.T. 468 and Co-
ordinate Bench judgment in J.S. Cheema v. State of Haryana,
2014(13) RCR (Civil) 355 petitioner is also entitled for grant of
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Neutral Citation No:=2024:PHHC:127032
CWP-24640
24640 of 2024
interest. He submits
bmits that at this stage, petitioner would be satisfied, if
the representation dated 28.05.2024 (Annexure P
P-3) is considered and
decided by passing a speaking order in a time
time-bound frame.
3. Notice of motion.
4. On the asking of the Court, Mr. Teevar Sharma, AAG,
Punjab, accepts notice on behalf of the respondents No.1 and 2 and Mr.
Shobhit Phutela, Advocate, who is on the panel of the Local
Government, Punjab, accepts notice on behalf of respondent No.3 and
have no objection to the innocuous prayer made by learned counsel for
the petitioner.
5. I have heard learned counsel for the parties and have gone
through the record of the case.
6. Without expressing any opinion on the merits of the case
or the claim being made by the petitioner in the prese
present petition,
respondent No.3 is directed to consider and decide the claim made by
the petitioner in representation dated 28.05.2024 (Annexure P-3) in
accordance with law, by passing a speaking order within a period of
three months from the date of receipt of certified copy of this order. In
case, the petitioner is found entitled, necessary benefits be released
within a period of one month thereafter.
7. The petition stands disposed of.
(NAMIT KUMAR)
25.09.2024 JUDGE
R.S.
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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