Petitioner sought promotion and pensionary dues. Court held prayer for promotion infructuous due to deemed promotion. Directed release of retiral dues within three months; no interest awarded due to pay revision.
Direction to release all retiral dues within three months of receipt of certified copy; no interest awarded.
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CWP No.1477 of 2008 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH.
CWP No.1477 of 2008 Date of decision: 4.9.2008
Hari Krishan
..Petitioner
Versus
The Principal Secretary to Punjab & others ...Respondents
CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. Gurbachan Singh, Advocate, for the petitioner.
Ms. Charu Tuli, Senior DAG, Punjab, for the respondents.
Ashutosh Mohunta, J. (oral)
The petitioner has prayed that direction be issued to the respondents to promote him w.e.f. 13th March, 1997 as Senior Assistant as per order of the Director of Public Instructions (SE), Punjab, Chandigarh dated 3rd February, 2006. It has further been prayed that as the petitioner has been retired and therefore he be granted all the pensionery dues with interest.
Learned counsel for the petitioner states that during the pendency of this writ petition, the petitioner has already been given deemed date of promotion and hence this prayer of the petitioner has been rendered infructuous.
Learned counsel, however, submits that all the retiral dues have not been released to him.
Reply has been filed on behalf of respondents No.1 to 3
CWP No.1477 of 2008 2
wherein it has been averred that the revised pension papers of the petitioner have been submitted to the Accountant General, Punjab, Chandigarh vide No. A-2/2008-7356 dated 2.6.2008. Learned counsel submits that the pension would be released to the petitioner expeditiously.
After hearing learned counsel for the parties, we dispose of this writ petition with a direction to the respondents to release all the retiral dues of the petitioner within a period of three months from the date of receipt of certified copy of this order. However, there shall be no order as to interest as the pay of the petitioner has been revised.
(ASHUTOSH MOHUNTA) JUDGE
(RAJAN GUPTA) JUDGE
September 04, 2008 'rajpal'
2 issues framed by the court
Whether the petitioner be granted retiral dues with interest.
Whether the petitioner has received deemed date of promotion.
Hari Krishan
The Principal Secretary to Punjab
Ashutosh Mohunta
Rajan Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
