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Ashwani Kumar v. Punjab State Power Corporation & Ors.

Punjab & Haryana HC22 Sept 2010CWP/17146/2010

Case brief

AI extract

What is this about?

The petitioner, a retired Lineman, approached the court for the release of retiral dues which were delayed due to the non-availability of service records of the merged Rural Electrification Corporation. The court directed the respondents to process the claim within three months, granting interest at 7% per annum for default.

What did the court decide?

Direction to respondents to dispose of the claim for retiral dues within three months, failing which, interest shall be payable at 7% per annum.

Ashwani Kumar Vs Punjab State Power… — Pension and Retirement Benefits | Punjab & Haryana HC (2010)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Civil Writ Petition No.17146 of 2010 Date of Decision : September 22, 2010.

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Ashwani Kumar ..... Petitioner

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versus

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Punjab State Power Corporation Limited and others ..... Respondents

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CORAM : HON'BLE MR.JUSTICE SURYA KANT.

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Present : Mr.O.P.Gabba, Advocate, for the petitioner.

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-.-

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1. Whether Reporters of Local papers may be allowed to see the judgment?

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2. To be referred to the Reporters or not?

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3. Whether the judgment should be reported in the Digest?

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(Oral) Surya Kant, J.

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The petitioner sought and was granted voluntary retirement from the post of Lineman w.e.f. 31.10.2009, having not been granted the retiral benefits, has approached this Court seeking a direction for the release thereof.

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It is averred that the petitioner had initially joined as Assistant Lineman in the Rural Electrification Corporation of the Punjab State which was later on merged with the Punjab State Electricity Board, now known as Punjab State Power Corporation. The petitioner served the Board till his retirement. The petitioner has further averred that the respondents have delayed the release of his retiral dues on the plea that the service records of the petitioner in Rural Electrification Corporation are not readily available

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C.W.P.No .17146 of 2010 2

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with them. The petitioner is running pillar to post and has also served the respondents with a legal notice dated 20.5.2010 (Annexure P-2) but all in vain.

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Having heard learned counsel for the petitioner at some length and considering the nature of relief sought in this writ petition, I am of the considered view that it is imperative upon the respondents to consider and dispose of the claim of the petitioner for the release of retiral dues, moreso when a period of more than one year has already passed after his retirement. The non-availability of the record of Rural Electrification Corporation is not a fault attributable to the petitioner. The writ petition is accordingly disposed of with a direction to the respondents to consider and dispose of the claim of the petitioner for retiral dues as early as possible, preferably within a period of three months from the date of receiving a certified copy of this order, failing which the petitioner shall be entitled to

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the interest @ 7% per annum.

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Dasti.

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September 22, 2010 (SURYA KANT) Mohinder JUDGE

Ashwani Kumar v. Punjab State Power Corporation & Ors.

Case brief

What is this about?

What did the court decide?

Ashwani Kumar v. Punjab State Power Corporation & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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