Petitioner claimed arrears of retirement benefits filed writ petition alleging non-payment. Court finds principal confirmed all dues paid. Petition dismissed with direction to file civil suit if aggrieved.
Petitioner directed to file a civil suit if aggrieved with regard to non-payment of any retiral dues.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CASE NO.: CWP No.5978 of 2008
DATE OF DECISION: May 6, 2008
SURINDER SYAL
...PETITIONER
VERSUS
STATE OF PUNJAB & OTHERS
...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
PRESENT: MR. ARUN SINGLA, ADVOCATE FOR MR. PARVEEN KUMAR, ADVOCATE FOR THE PETITIONER. MR. YATINDER SHARMA, DAG, PUNJAB. MR. C.L. SHARMA, ADVOCATE FOR RESPONDENT NO.3.
ASHUTOSH MOHUNTA, J.(ORAL)
The petitioner has prayed that directions be issued to respondent No.3 to pay the entire arrears with regard to retiral benefits.
The petitioner has retired as Lecturer in Hindi on 31.1.1999. Despite the fact that the petitioner retired in the year 1999, he was not paid his retiral dues. Resultantly, the petitioner filed CWP No.16473 of 2000 claiming arrears of pay and allowance due to revision of grades w.e.f. 1.1.1996. The writ petition was disposed of with a direction to decide his representation. As the petitioner did not receive his entire dues, therefore, he filed another writ petition, i.e. CWP No.5205 of 2003, which was allowed and the respondents were directed to release the arrears of salary as per his entitlement within 2 months from the date of receipt of certified copy of the order.
Now again the petitioner has filed this writ petition wherein it has been averred that all the dues have not been paid.
CWP No.5978 of 2008
-2-
Vide order dated 8.4.2008, we had asked Sh. Janmit Singh, Principal, DAV College, Hoshiarpur to be present in Court today. The Principal is present in Court and states that all the retiral dues of the petitioner have already been paid to him. It has been stated that the petitioner has been paid the entire gratuity, leave encashment as well as arrears of pay revision alongwith interest at the rate of 9% per annum and hence nothing remains to be paid. A detailed reply by way of affidavit of the Principal has also been filed in Court which is taken on record.
In view of the fact that all the retiral dues have been paid to the petitioner, hence nothing survives in the writ petition and the same is dismissed. However, in case the petitioner is still aggrieved with regard to non-payment of any retiral dues, he may file a civil suit, if so advised.
(ASHUTOSH MOHUNTA) JUDGE
(KANWALJIT SINGH AHLUWALIA) JUDGE
May 6, 2008 Gulati
1 issue framed by the court
Whether the petitioner is entitled to any further reliefs for arrears of retirement benefits after the respondent institution confirmed payment of all dues.
Surinder Syal
State of Punjab
Ashutosh Mohanta
Kanwajlit Singh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
