Disposed

Om Parkash v. State of Punjab and Others

Punjab & Haryana HC23 Aug 2024CWP/20471/2024

Case brief

AI extract

What is this about?

Retired employee sought release of gratuity, provident fund and pension arrears with interest. Counsel confined prayer to deciding pending legal notice and representation. Court disposed of the petition directing a speaking order within three months and release of benefits found due within one month thereafter.

What did the court decide?

Direction to respondent No.5 to decide legal notice dated 20.03.2024 and representation dated 16.04.2024 by speaking order within 03 months; benefits due, if any, released within 01 month thereafter.

Om Parkash Vs State of Punjab and… — Pension and Retirement Benefits | Punjab & Haryana HC (2024)

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CWP No.20471 of 2024 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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119

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CWP No.20471 of 2024 (O&M) Date of decision: 23.08.2024

Om Parkash

....Petitioner

Versus

State of Punjab and others

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....Respondents

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CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

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Present: Ms. Chandanpreet Kaur Ahluwalia, Advocate for Mr. Vipin Mahajan, Advocate for the petitioner.

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NAMIT KUMAR J. (Oral)

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Prayer in this writ petition filed by the petitioner under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of mandamus, directing the respondent – authorities to release the retiral benefits of the petitioner in terms of gratuity, provident fund and other service benefits i.e. arrears of monthly pension, etc. and also to complete missing entries in Provident Fund Account along with interest @ 9% per annum on the delayed payment of aforesaid benefits.

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Learned counsel for the petitioner, at the very outset, confines his prayer for deciding legal notice dated 20.03.2024 (Annexure P-4) and representation dated 16.04.2024 (Annexure P-5). He submits that at this stage, petitioner would be satisfied, if the said

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MOHD YAKUB 2024.08.27 18:02 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

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CWP No.20471 of 2024 (O&M)

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representation and legal notice are decided by passing a speaking order within a time bound frame.

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Notice of motion.

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Mr. Surya Kumar, AAG, Punjab, accepts notice on behalf of respondents No.1 to 4 and on the asking of the Court. Mr. Shobhit Phutela, Advocate, who is on the panel of Department of Local Government, Punjab, accepts notice on behalf of respondent No.5 and have no objection to the innocuous prayer made by learned counsel for the petitioner.

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I have heard learned counsel for the parties and have gone through the record of the case.

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Without going into the merits of the case at this stage, the present petition is disposed of with a direction to respondent No.5 to decide legal notice dated 20.03.2024 (Annexure P-4) and representation dated 16.04.2024 (Annexure P-5), submitted by the petitioner expeditiously, by passing a speaking order, preferably within a period of 03 months from the date of receipt of certified copy of this order. Necessary benefits, if any, found due to the petitioner shall be released expeditiously preferably within a period of 01 month thereafter.

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		(NAMIT KUMAR) JUDGE
23.08.2024
yakub	Whether speaking/reasoned:	Yes/No
	Whether reportable:	Yes/No

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MOHD YAKUB 2024.08.27 18:02 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

Om Parkash v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Om Parkash 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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