Pawanjit Kaur Vs State of Punjab and Others — Punjab & Haryana HC (2025) — LawSathi Research

Pawanjit Kaur Vs State of Punjab and Others — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent No.2 to decide the legal notice dated 19.08.2024 (Annexure P-7) within 3 months; upon deciding after notice and hearing, to grant the retiral benefits forthwith if the petitioner is found entitled; any adverse order to contain reasons, with liberty to the petitioner to seek further legal redress.

Issue for consideration

Whether the respondents should be directed to grant the petitioner pension, gratuity, leave encashment and final payment of GIS and GPF etc., along with interest. +1 more

Ratio / Principle

Without commenting upon the merits of the case, the Court disposed of the petition with a direction to respondent No.2 to decide the legal notice dated 19.08.2024 (Annexure P-7) within a period of 3 months and, after notice and hearing offered to the petitioner, to grant the benefit forthwith if she is found entitled.

Key takeaways

If the resulting orders are adverse to the petitioner's interest, they shall contain reasons, and the petitioner shall be free to seek legal redress thereupon.ratio¶16

Detailed headnote1 paragraphs

Punjab & Haryana High Court, CWP-5981-2025, decided 04.03.2025 (Aman Chaudhary J., oral): Pawanjit Kaur, who retired on superannuation on 31.05.2022, prayed for directions to release pension, gratuity, leave encashment and final payment of GIS and GPF with interest; her legal notice dated 19.08.2024 (Annexure P-7) went unanswered by respondent No.2, the competent authority (per the text, Director of School Education (Secondary), Punjab). Counsel sought a time-bound decision, to which State counsel raised no objection. Without commenting on merits, the Court disposed of the petition, directing respondent No.2 to decide the notice within 3 months and, if the petitioner is found entitled after notice and hearing, to grant the benefit forthwith; any adverse order must contain reasons, with liberty to seek further legal redress. No quantum adjudicated; no statute or precedent engaged.

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

114

CWP-5981-2025 Date of decision: 04.03.2025

Pawanjit Kaur

...Petitioner

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present : Mr. Ritesh Aggarwal, Advocate for the petitioner.

Mr. Arun Gupta, DAG, Punjab. *********

AMAN CHAUDHARY, J. (Oral)

1. P rayer made in the present petition is for directing the respondents to grant pension, gratuity, leave encashment and final payment of GIS and GPF etc. alongwith interest.

Learned counsel submits that the petitioner retired on 31.05.2022 on attaining the age of superannuation, however, has not been released any benefits to which he is entitled, regarding which, a legal notice dated 19.08.2024, Annexure P-7, was also got served upon the respondents, however the competent authority-Director of School Education (Secondary ), Punjabrespondent No.2 has not responded thereto. He, on instructions, prays that a direction may be given to respondent No.2 to decide the same in a time bound manner, to which learned State counsel has no objection.

In view of the above and without commenting upon the merits of the case, this petition is hereby disposed of with a direction to respondent No.2 to decide the legal notice dated 19.08.2024, Annexure P-7, within a period of 3 months, which this Court has no reason to believe the authorities would not address in a just, fair and reasonable manner. Upon doing so, after notice and hearing offered to her and if found entitled, grant the benefit forthwith. Needless to say, if the orders are adverse to her interest, the same shall contain reasons and the petitioner shall be free to seek legal redress thereupon.

(AMAN CHAUDHARY) JUDGE 04.03.2025 Hemant Whether speaking/reasoned : Yes / No Whether reportable : Yes / No

HAMANT 2025.03.04 16:01 I attest to the accuracy and integrity of this document