Held that the respondent's Board of Administrators must pass a formal resolution to authorize the release of leave encashment and gratuity dues to the petitioner and interest for the delay.
Directed respondent No.5 to get a resolution passed by the Board of Administrators to authorize the release of leave encashment and gratuity dues.
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CWP No.21897 of 2020 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.21897 of 2020 (O&M) Date of Decision: 18.01.2023
RAJ BALA
......Petitioner
Vs
STATE OF HARYANA AND ORS
.....Respondents
CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH
Present:Ms. Varuna Singh, Advocate for Ms. Mamta Panwar, Advocate for the petitioner.
Mr. Zorawar Singh Chauhan, D.A.G., Haryana.
Mr. Rajeev Sharma, Advocate for the respondents No.3 and 4. ****
RAJ MOHAN SINGH, J.(Oral)
Written statement on behalf of the respondents No.3 and 4 has been filed, a copy thereof has been supplied to learned counsel for the petitioner.
Learned counsel for the respondents No.3 and 4 submits that the respondent No.5 being one of the members of the Board of Administrators is competent to get the resolution passed from the Board of Administrators in the context of entitlement of the petitioner in releasing the leave encashment
MOHMED ATIK 2023.01.19 16:41 I attest to the accuracy and authenticity of this order/judgment
CWP No.21897 of 2020 (O&M) �
and gratuity of late husband of the petitioner along with interest and thereafter the respondents No.3 and 4 would implement the same.
The stand taken by the respondent No.5 is that the concerned Society is to make the payment of leave encashment, gratuity of late Sh. Ram Phal and the Society was directed to make the payment vide memo no.5952 dated 17.09.2019.
It appears that for want of resolution, the needful in the context of releasing the dues of late husband of the petitioner could not be done.
Learned counsel for the respondents No.3 and 4 by way of reply on behalf of the respondents No.3 and 4 further submits that earlier the respondent No.5 was not the member of the Board of Administrators, now the respondent No.5 has been nominated as one of the member of the Board of Administrators. Therefore, this writ petition can be disposed of by directing the respondent No.5 to get the resolution passed in the context of entitlement of the petitioner for releasing the due payments towards the gratuity and leave encashment along with interest for the delayed payment and thereafter the respondents No.3 and 4 would release the same forthwith to the petitioner.
In view of aforesaid facts and circumstances of the case, this writ petition is disposed of. However, with a direction
MOHMED ATIK 2023.01.19 16:41 I attest to the accuracy and authenticity of this order/judgment
CWP No.21897 of 2020 (O&M) �
to the respondent No.5 to get the resolution passed from the Board of Administrators and thereafter send the same to the respondents No.3 and 4, who thereafter will do the needful forthwith.
(RAJ MOHAN SINGH) January 18 , 2023 JUDGE Atik Whether speaking/reasoned Yes/No Whether reportable Yes/No
MOHMED ATIK 2023.01.19 16:41 I attest to the accuracy and authenticity of this order/judgment
1 issue framed by the court
Whether the petitioner is entitled to receive leave encashment and gratuity of her late husband with interest.
Raj Bala
State of Haryana
Raj Mohan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
