Punjab-Haryana High Court
Surinder Pal Singh And Others vs Dr.D.S.Jaspal And Another on 5 January, 2012
Author: Surya Kant
Bench: Surya Kant
COCP No.688 of 2010 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
COCP No. 688 of 2010
Date of Decision : January 05 , 2012.
Surinder Pal Singh and others
.....Petitioners
versus
Dr.D.S.Jaspal and another
.....Respondents
CORAM : HON'BLE MR.JUSTICE SURYA KANT.
Present : Mr. Vikas Chatrath, Advocate, for the petitioners.
Mr. Rupinder S. Khosla,Addl.A.G.Punjab.
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1. Whether Reporters of Local papers may be allowed to see the
judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
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Surya Kant, J. (Oral)
This order shall dispose of COCP Nos.688, 357, 562, 770, 790, 921, 938, 1246, 1274, 1397, 1613, 1614 and 1654 of 2010 and COCP Nos. 347, 449, 2059, 2093, 2109, 2135, 2192, 2333, 2334, 2335, 2336, 2500, 2501, 2502, 2504, 2505, 2509, 2568, 2569, 2570, 2587, 2616, 2617, 2668, 2671, 2683, 2707, 2885, 2912, 2953, 3124, 3125, 3141, 3167, 3188 and 2914 of 2011 and 9, 45, 46, and 47 of 2012 as all of them allege the willful and derliberate COCP No.688 of 2010 2 non-compliance of a common order passed by this Court in writ jurisdiction directing the P.R.T.C. Top release variety of monetary benefits, particularly the retiral benefits, to its employees in a time bound manner.
Mr. Manvesh Singh Sidhu, Managing Director, PEPSU Road Transport Corporation Patiala is present in Court. He has filed an affidavit,with reference to the order dated 9.12.2011, explaining that all the retirees have since been paid the over time dues and all of them are being paid their pension also.
Learned Counsel for the petitioner,however, point out and rightly so that not only the arrears of commuted value of pension, their monthly pension is also not being released regularly and no pension has been paid for the last two months. Mr. Khosla,learned Addl.A.G. Punjab,on instruction from Mr. Sidhu, undertakes that given two months more time, the payment of monthly pension to the retirees will be properly scheduled. He assures that the Corporation shall evolve some effective mechanism to ensure that payment of monthly pension is not disrupted or delayed.
As regards the commuted value of the pension, the time period for the payment of commuted value of pension is extended till 30.6.2012 provided that the Corporation starts paying pension timely to all the retirees.
There are some individual monetary claims too of the COCP No.688 of 2010 3 retirees. In relation thereto, it is directed that each one of them shall represent along with details of the payments already received and the unpaid dues, if any, including the claim for medical reimbursement. The individual representation shall be promptly responded and disposed of within one month from the date of receipt.
If the retirees are not paid their commuted value of pension within the extended or the monthly pension regularly, liberty is granted to them to seek execution of the Court orders or to avail any other remedy in accordance with the law and in that event the authorities of the Corporation must always keep in mind that the retirees shall be entitled to claim additional interest on the due payment.
Wherever the retirees have opted for CPF instead of pension, there is no rhyme or reason for not releasing the due amount lying in the PF fund.
All the contempt petitions stand disposed of accordingly. Rule is discharged.
Dasti.
January 05 , 2012 (SURYA KANT)
sks JUDGE
COCP No.688 of 2010 2