Disposed

Ashok Kumar v. State of Punjab & Ors.

Punjab & Haryana HC2 Nov 2015CWP/23264/2015

Case brief

AI extract

What is this about?

Writ petition seeking direction to pay delayed retiral dues and ACP scheme benefits. Court disposed of the matter by directing the respondent to decide the petitioner's representation within 3 months and pay dues if found due within 2 months thereafter.

What did the court decide?

Direction to respondent to decide petitioner's representation within 3 months and pay dues within 2 months thereafter if found due.

Ashok Kumar Vs State of Punjab & Ors. — Pension and Retirement Benefits | Punjab & Haryana HC (2015)

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CWP No. 23264 of 2015

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP No. 23264 of 2015 Date of decision: 02.11.2015

Ashok Kumar

....Petitioner(s)

Versus

State of Punjab and others

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...Respondent(s)

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CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

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Present: Mr. M.K. Dogra, Advocate, for the petitioner.

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G.S.SANDHAWALIA, J. (Oral)

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The petitioner seeks relief of direction to the respondents to pay retiral dues and also grant of benefit of ACP scheme on completion of 4, 9 and 14 years of service as per the policy of the State Government dated 25.09.1998 (Annexure P-1) and further amended on 03.11.2006 (Annexure P-2) and for grant of all consequential benefits arising thereto on account of grant of proficiency step up alongwith interest on the delayed payment of retiral dues, as permissible under the Rules.

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It is the case of the petitioner that he has retired as Assistant Foreman Special on 31.07.2013 and his retiral dues were given late. The details of the payments made are as under:-

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*SR. NO.*	*PARTICULAR/BENEFIT* *DUE*	*DUE ON*	*PAID ON*
1	G.P. Fund	31.07.2013	09/08/14
2	Gratuity	31.07.2013	22.03.2014
3	Leave Encashment	31.07.2013	15.06.2014
4	G.I.S. amount	31.07.2013	02/07/14

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Counsel for the petitioner submits that representation dated

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22.12.2014 (Annexure P-3) has been served on respondent no. 2 for the said SHIVANI GUPTA 2015.11.03 16:12 I attest to the accuracy and integrity of this document Chandigarh

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CWP No. 23264 of 2015

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relief but no action has been taken on the same. Counsel further submits that he would be satisfied at this stage if a direction is issued to the said respondent to take a decision on the said representation within a time bound frame.

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Keeping in view the limited relief sought and without going into the merits of the case, this Court does not feel it necessary to call upon the respondents to file reply.

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Accordingly, this writ petition is disposed of with a direction to respondent no. 2 to take into consideration the representation dated 22.12.2014 (Annexure P-3) and decide the same within a period of 3 months from the date of receipt of certified copy of the order. In case the amounts are found to be due, payment be made within two months thereafter. Needless to say that in case the relief is to be denied, the order should

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contain reasons.

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02.11.2015 (G.S. SANDHAWALIA) shivani JUDGE

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SHIVANI GUPTA 2015.11.03 16:12 I attest to the accuracy and integrity of this document Chandigarh

Ashok Kumar v. State of Punjab & Ors.

Case brief

What is this about?

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Ashok Kumar v. State of Punjab & Ors.

Case brief

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