Surinder Yadav Vs. State of Punjab and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1068077
CourtPunjab and Haryana High Court
Decided OnMay-14-2013
AppellantSurinder Yadav
RespondentState of Punjab and Others
Excerpt:
in the high court of punjab and haryana at chandigarh civil writ petition no.13923 of 2012 date of decision:14. h may, 2013 surinder yadav petitioner versus state of punjab and others respondents coram: hon’ble mr.justice rakesh kumar garg present: ms.jyoti sareen, advocate for the petitioner. mr.anil k. sharma, addl. advocate general, punjab. mr.sameer sachdeva, advocate for respondent no.3. rakesh kumar garg, j. (oral) petitioner, who was an employee of respondent no.3 (i.e.privately managed but government aided college).has approached this court for issuance of a writ in the nature of mandamus directing the respondents to pay the arrears of enhanced gratuity in terms of circular dated 14.10.2009 with a further prayer for payment of arrears of salary on account of revision of pay-scales with effect from 01.01.2006. the petitioner has further raised a grievance that the house rent allowance has been recovered from her illegally. mr.sameer sachdeva, advocate representing respondent no.3, has handed over a cheque worth ` 6,50,000 drawn in the name of the petitioner towards their liability on account of enhanced gratuity. learned counsel for the petitioner has accepted the same. civil writ petition no.13923 o”2. mr.sachdeva has further submitted before this court that the arrears of salary on account of revision of pay-scales shall be paid to the petitioner within three weeks from today. learned counsel for the petitioner has no objection to the same. however, she has still raised a grievance with regard to illegal deduction of house rent allowance as well as payment of interest on account of delay in making payment of the benefits of enhanced gratuity and other benefits. keeping in view the facts and circumstances of the case, this writ petition is disposed of with liberty to the petitioner to make a representation to the respondents with regard to her remaining grievances i.e.illegal deduction of house rent allowance as well as payment of interest on account of delay in making payment of the benefits of enhanced gratuity and other benefits. if any such representation is filed within one month from today, the same shall be decided by the respondents in accordance with law and by passing a speaking order within two months thereafter. in case the claim of the petitioner is accepted the amount so accrued to the petitioner shall be released to her within one month thereafter, however, if claim of the petitioner is to be rejected, the speaking order shall be communicated to her. (rakesh kumar garg) judge may 14, 2013 rps
Judgment:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.13923 of 2012 Date of decision:

14. h May, 2013 Surinder Yadav Petitioner Versus State of Punjab and others Respondents CORAM: HON’BLE Mr.JUSTICE RAKESH KUMAR GARG Present: Ms.Jyoti Sareen, Advocate for the petitioner.

Mr.Anil K.

Sharma, Addl.

Advocate General, Punjab.

Mr.Sameer Sachdeva, Advocate for respondent No.3.

RAKESH KUMAR GARG, J.

(ORAL) Petitioner, who was an employee of respondent No.3 (i.e.privately managed but Government aided college).has approached this Court for issuance of a writ in the nature of mandamus directing the respondents to pay the arrears of enhanced Gratuity in terms of Circular dated 14.10.2009 with a further prayer for payment of arrears of salary on account of revision of pay-scales with effect from 01.01.2006.

The petitioner has further raised a grievance that the House Rent Allowance has been recovered from her illegally.

Mr.Sameer Sachdeva, Advocate representing respondent No.3, has handed over a cheque worth ` 6,50,000 drawn in the name of the petitioner towards their liability on account of enhanced Gratuity.

Learned counsel for the petitioner has accepted the same.

Civil Writ Petition No.13923 o”

2. Mr.Sachdeva has further submitted before this Court that the arrears of salary on account of revision of pay-scales shall be paid to the petitioner within three weeks from today.

Learned counsel for the petitioner has no objection to the same.

However, she has still raised a grievance with regard to illegal deduction of House Rent Allowance as well as payment of interest on account of delay in making payment of the benefits of enhanced Gratuity and other benefits.

Keeping in view the facts and circumstances of the case, this writ petition is disposed of with liberty to the petitioner to make a representation to the respondents with regard to her remaining grievances i.e.illegal deduction of House Rent Allowance as well as payment of interest on account of delay in making payment of the benefits of enhanced Gratuity and other benefits.

If any such representation is filed within one month from today, the same shall be decided by the respondents in accordance with law and by passing a speaking order within two months thereafter.

In case the claim of the petitioner is accepted the amount so accrued to the petitioner shall be released to her within one month thereafter, however, if claim of the petitioner is to be rejected, the speaking order shall be communicated to her.

(RAKESH KUMAR GARG) JUDGE May 14, 2013 rps