Disposed

Joginder Singh v. State of Punjab and Ors.

Punjab & Haryana HC10 Nov 2009CWP/1494/2009

Case brief

AI extract

What is this about?

Civil Writ Petition seeking quashing of orders stopping pension and directing recovery. Court found the writ infructuous as respondents issued new instructions restoring pension entitlements with a direction to release dues within four months.

What did the court decide?

Order rendered infructuous; direction to release pensionary benefits within four months if not already released.

Joginder Singh Vs State of Punjab… — Pension and Retirement Benefits | Punjab & Haryana HC (2009)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Civil Writ Petition No. 1494 of 2009 DATE OF DECISION : NOVEMBER 10, 2009

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JOGINDER SINGH

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....... PETITIONER(S)

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VERSUS

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STATE OF PUNJAB & ORS.

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.... RESPONDENT(S)

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CORAM : HON'BLE MR. JUSTICE AJAI LAMBA

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PRESENT: Mr. RK Girdhar, Advocate, for the petitioner(s). Mr. BS Chahal, DAG, Punjab.

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AJAI LAMBA, J. (Oral)

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This petition under Articles 226/227 of the Constitution of India has been filed praying for issuance of a writ in the nature of certiorari quashing orders dated 5.3.2007 and 15.3.2007, Annexures P-3 and P-4, respectively, whereby the Joint Director of Food and Supplies (Storage),

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Civil Writ Petition No. 1494 of 2009

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Punjab (respondent No.2) has directed stoppage of payment of pension to retired Provincial Reserve Chowkidars (for short 'P.R. Chowkidars') and further ordered that the amount already released as pension be recovered.

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Learned counsel for the petitioner contends that the petitioner joined the respondent-department on 1.6.1979 as P.R. Chowkidar. The petitioner served till the age of retirement on 28.2.2001. Retiral benefits, such as, pension, Gratuity, Leave Encashment, etc. were paid. After 8 years, at this juncture, the respondents have stopped paying monthly pension to the petitioner. The petitioner has also been threatened with recovery.

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Learned counsel for the petitioner contends that the respondents have issued instructions on 17.4.2009, which have been placed on record as Annexure R-1, withdrawing the order that prejudices the petitioner.

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I have considered the issue.

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Reply by way of affidavit of Shri Brij Mohan Chadha, District Food and Supplies Controller, Faridkot, indicates that instructions have been issued on 17.4.2009, which would entitle the petitioner to payment of retiral benefits. In compliance with the said instructions, Accountant General, Punjab, and District Treasury Officer, Faridkot, have been directed to restore pension of all retired P.R. Chowkdiars, including the petitioner, and also refund any recovery that has already been effected.

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In view of the stand of the respondents, the matter has been rendered infructuous and is disposed of as such.

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It is, however, directed that if, till date, the pensionary

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Civil Writ Petition No. 1494 of 2009

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benefits have not been released, necessary decision be taken and the same be released within a period of 4 months of receipt of certified copy of the order.

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November 10, 2009 ( AJAI LAMBA ) Kang JUDGE

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To be referred to the Reporters or not?

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Whether the judgment should be reported in the Digest?

Joginder Singh v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

Joginder Singh v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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