Punjab-Haryana High Court
Rehmat And Another vs State Of Punjab And Others on 12 November, 2008
Bench: Ashutosh Mohunta, Rajan Gupta
CWP No.19291 of 2008 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB &
HARYANA AT CHANDIGARH.
CWP No.19291 of 2008
Date of decision: 12.11.2008
Rehmat and another ..Petitioners
Versus
State of Punjab and others ...Respondents
CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Sushil Saini, Advocate, for the petitioners. Ashutosh Mohunta, J. (oral) The petitioners retired as Safai Sewak from Municipal Committee, Qadian, District Gurdaspur on 31.7.2007 after rendering more than 36 years of service.
Learned counsel submits that till date their retirement dues have not been paid to them. The petitioners filed representation as well as legal notice, which have been decided vide order (Annexure P-2) wherein it has been averred that as financial condition of the Municipal Committee Qadian is not very sound, therefore, necessary dues cannot be released to the petitioners at this stage.
After hearing learned counsel for the petitioners, we are of the considered opinion that respondents No.2 and 3 cannot withhold the retirement dues of the petitioners as they have retired from service on 31.7.2007. In case the financial condition of the Municipal Committee is not very sound, then it may approach the appropriate Government to pay the funds to the retired employees. CWP No.19291 of 2008 2
In view of the above, we dispose of the writ petition with a direction to respondents No.2 and 3 to release all the retiral dues to the petitioners within a period of four months from the date of receipt of certified copy of this order.
(ASHUTOSH MOHUNTA) JUDGE (RAJAN GUPTA) JUDGE November 12, 2008 'rajpal'