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Punjab-Haryana High Court

Raminder Kaur vs State Of Punjab And Others on 17 July, 2019

Author: Harsimran Singh Sethi

Bench: Harsimran Singh Sethi

CWP-19196 of 2019                                                               -1-

       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                       CHANDIGARH

                                              CWP-19196 of 2019
                                              Date of decision: 17.07.2019

Raminder Kaur                                                            .... Petitioner

                                          versus


State of Punjab and another                                            .... Respondents

CORAM:HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present: Mr. Madhav Pokhrel, Advocate
         for the petitioner.

             ***
HARSIMRAN SINGH SETHI, J.                     .

Counsel for the petitioner argues that for the release of pensionary benefits, the petitioner had approached this Court by filing CWP-10967 of 2016. The said writ petition was disposed of on 24.4.2018 as the respondents had released the benefits for which the petitioner was found entitled. This Court gave petitioner the liberty to approach this Court, in case according to the petitioner any calculation was wrongly done and also on account of non- grant of interest. The said order is as under:-

"At the very outset of the arguments, it has been submitted by learned State counsel on instructions from Mr. Kewal Singh, Assistant Engineer that the payments on account of provident fund, gratuity, leave encashment, pension and GIS etc. have since been sanctioned and disbursed to the petitioner.
In view of the aforesaid statement, the main relief has already been granted to the petitioner and instant petition has rendered infructuous.
Disposed of as having become infructuous. However, petitioner shall be at liberty to have recourse to other remedies available under law as well as to approach this Court, in case, she still feels aggrieved in respect of the calculations made by the 1 of 2 ::: Downloaded on - 28-10-2019 20:20:19 ::: CWP-19196 of 2019 -2- respondents or on account of non grant of interest."

Counsel for the petitioner states that in terms of the order passed by this Court, the petitioner has served the respondents with legal notice dated 03.07.2018 (Annexure P/15) raising his claims which is still pending consideration with the respondents and the petitioner will be satisfied, at this stage, in case a time bound direction is issued to the respondents to decide the said legal notice.

In view of the request made, without expressing any opinion on the merits of the case or the claim being made by the petitioner, the respondents are directed to decide the legal notice dated 03.07.2018 (Annexure P/15) by passing a speaking order within a period of three months from the date of receipt of a certified copy of this order. In case after the decision, it is found that the petitioner is entitled for any monetary benefit, the same shall also be released to her within a period of next three months.

Present writ petition stands disposed of.

(HARSIMRAN SINGH SETHI) 17.07.2019 JUDGE aarti

1. Whether speaking/non-speaking? Yes/No

2. Whether reportable? Yes/No 2 of 2 ::: Downloaded on - 28-10-2019 20:20:20 :::