Disposed

Jaswinder Singh v. State of Punjab and Others

Punjab & Haryana HC8 Aug 2022CWP/17418/2022

Case brief

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What is this about?

In this writ petition concerning delayed payment of revised gratuity and leave encashment, the court disposed of the matter without expressing an opinion on merits, directing the authority to decide the legal notice within three months and release benefits within two months.

What did the court decide?

Direction to the competent authority to decide the petitioner's legal notice within three months and release any entitled monetary benefits within two months thereafter.

Jaswinder Singh Vs State of Punjab… — Pension and Retirement Benefits | Punjab & Haryana HC (2022)

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CWP-17418-2022

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP-17418-2022 Date of Decision: 08.08.2022

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JASWINDER SINGH Versus

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STATE OF PUNJAB AND OTHERS

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...... Petitioner(s)

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..... Respondent(s)

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CORAM:- HON'BLE MRS. JUSTICE LISA GILL

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Present: Mr. Amrik Singh, Advocate for the petitioner. ****

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LISA GILL, J.

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Prayer in this writ petition is for issuance of direction to the respondents to release the revised gratuity and leave encashment as well as interest on the delayed payment of retiral benefits, stated to be due to the petitioner.

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Learned counsel for the petitioner submits that petitioner superannuated as Sub Divisional Officer on 31.03.2020 from the respondent-Department. It is submitted that GPF was paid to the petitioner on 09.10.2020 and thereafter leave encashment, gratuity and arrears of pension were paid to the petitioner on 12.06.2020 and 23.02.2021, respectively, however, the Department has failed to release the revised gratuity and revised leave encashment which, it is stated, has accrued on 01.07.2021. It is further submitted that even GPF, leave encashment, amount of gratuity and arrears of pension were paid to the petitioner after considerable delay and same have been released without interest. It is stated that in this respect legal notice dated 20.07.2022 (Annexure P-2) was also served but to no avail.

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SUNIL 2022.08.10 16:06 I attest to the accuracy and integrity of this document

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CWP-17418-2022

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At this stage, learned counsel for the petitioner restricts the prayer for a decision on the legal notice dated 20.07.2022 (Annexure P-2), in a time bound manner.

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Keeping in view the limited prayer, facts and circumstances of this case, but without any expression of opinion on the merits of the matter, this petition is disposed of with a direction to the competent authority to consider and decide petitioner's legal notice dated 20.07.2022 (Annexure P- 2), by passing a speaking order, in accordance with law, within a period of three months from receipt of certified copy of this order. In case, petitioner is found entitled to any monetary benefits, same be released within the next two months thereafter.

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Writ petition is disposed of accordingly.

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08.08.2022

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(LISA GILL) JUDGE

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Sunil

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Whether speaking/reasoned: Yes/No Whether reportable: Yes/No

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SUNIL 2022.08.10 16:06 I attest to the accuracy and integrity of this document

Jaswinder Singh v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Jaswinder Singh v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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