Disposed

Ashwani Sayal v. Roshan Lal Sankaria & Ors.

Punjab & Haryana HC28 Feb 2012COCP/1792/2011

Case brief

AI extract

What is this about?

Petitioner challenged non-payment of subsistence allowance after prior court direction. Court directed respondent to determine admissible amount and pay balance excluding a cheque of Rs. 2,21,140 already released within two months.

What did the court decide?

Direction to determine total subsistence allowance, deduct Rs.2,21,140 already paid, and release the balance within two months.

Ashwani Sayal Vs Roshan Lal… — Pension and Retirement Benefits | Punjab & Haryana HC (2012)

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HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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COCP No.1792 of 2011 (O&M) Date of Decision: 28.02.2012 ****

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Ashwani Sayal

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VS.

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Roshan Lal Sankaria, Secretary, Higher Education Government of Punjab & Ors.

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CORAM : HON’BLE MR.JUSTICE SURYA KANT ****

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Present: Mr. Pritam Saini, Advocate for the petitioner

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Mr. MC Beery, Addl. AG Punjab ****

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SURYA KANT, J. (ORAL)

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(1). The petitioner was placed under suspension on 03.11.2009 pending disciplinary proceedings. He challenged the suspension order in CWP No.9805 of 2010 which was disposed of on 12.01.2011 with a direction to the respondents to pay him Subsistence Allowance and to conclude the enquiry proceedings within six months.

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(2). The petitioner is stated to have been reinstated on 30.11.2011. He initiated these contempt proceedings alleging that full amount of Subsistence Allowances has not been paid despite an order to this effect passed by this Court in his favour.

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(3). On November 9, 2011, a Cheque for a sum of Rs.2,21,140/was handed over to the petitioner towards Subsistence Allowance. It is, however, urged on behalf of the petitioner

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COCP No.1792 of 2011.doc

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that the amount of Subsistence Allowance runs into lacs (approximately Rs.10 lacs) against which only a paltry amount has been paid to him.

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(4). The respondents have not filed the reply/affidavit and it is not known as to how much amount towards arrears of Subsistence Allowance is admissible to the petitioner.

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(5). This petition is accordingly disposed of at this stage with a direction to the Secretary, Higher Education, Punjab to get the total amount of Subsistence Allowance determined to which the petitioner shall be entitled to and release the balance amount, if any, after deducting Rs.2,21,140/already paid to him within a period of two months from the date of receipt of a certified copy of this order.

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(6). Rule discharged. Dasti .

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28.02.2012 vishal shonkar

Ashwani Sayal v. Roshan Lal Sankaria & Ors.

Case brief

What is this about?

What did the court decide?

Ashwani Sayal v. Roshan Lal Sankaria & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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