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Punjab-Haryana High Court

Surinder Mohan And Others vs Prtc And Another on 3 March, 2009

Author: Permod Kohli

Bench: Permod Kohli

CWP NO.3314 of 2009                                 1


    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                  CHANDIGARH.



                          DATE OF DECISION:             3.3.2009


Surinder Mohan and others                          ..Petitioners


                         VERSUS
PRTC and another                                   ...Respondents




              CORAM

      HON'BLE MR.JUSTICE PERMOD KOHLI


PRESENT: Mr.Vikas Chatrath, Advocate for petitioners

            Mr.Harsh Aggarwal, Advocate

Permod Kohli, J. (Oral)

Notice of motion. On the asking of this Court, Mr. Aggarwal accepts notice of motion on behalf of the respondents. Copy of the petition furnished to him. In view of the controversy involved in this petition and with the consent of counsel, this petition is disposed of at motion stage.

The petitioners retired from service of respondent no.1-Corporation on attaining the age of superannuation on the dates mentioned in paragraph 3 of the writ petition. The grievance of the petitioners is that they have not been paid the gratuity and arrears of dearness allowance and other admissible retiral benefits. The competent authority has already sanctioned the amount of gratuity as indicated in the aforesaid paragraph. The sanctions were granted in the years 2007 and 2008. Despite such sanctions, CWP NO.3314 of 2009 2 no amount has been paid to the petitioner. In view of the above circumstances, this petition is disposed of with a direction to the respondents to pay the gratuity and other retiral benefits as admissible to the petitioners within a period of three months from the date a certified copy of this order is received by respondent no.2. The petitioners shall be entitled to statutory interest on the delayed payment of gratuity and other retiral benefits till the amount is actually paid. On failure to pay the amount within the stipulated period, the petitioners shall be entitled to further interest at the rate of 4% p.a. over and above the admissible interest.

(PERMOD KOHLI) JUDGE 3.3.2009 MFK