Present: Mr. R.D.Yadav Advocate Vs. State of Haryana and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1069866
CourtPunjab and Haryana High Court
Decided OnJul-10-2013
AppellantPresent: Mr. R.D.Yadav Advocate
RespondentState of Haryana and Others
Excerpt:
cwp no.14489 o”1. in the high court of punjab and haryana at chandigarh cwp no.14489 of 2013 date of decision:10. 07.2013 suraj bhan ........petitioner versus state of haryana and others ........respondents coram: hon'ble mr.justice ajay tewari present: mr.r.d.yadav, advocate for the petitioner. **** 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?. ajay tewari, j. (oral).by way of the present petition the petitioner has sought a direction to the respondents to release him pensionary benefits along with interest. the case of the petitioner is that he was selected and appointed in the haryana police force on 04.12.1974 and retired on 30.09.2012 on attaining the age of superannuation. his pension case was sent to respondent no.4 by respondent no.3. despite having sent various reminders his pension was not released to him. rather he received a letter dated 22.04.2013 to the effect that an fir under the prevention of corruption act was still pending against him. the petitioner replied to that letter stating that nagpal sunita 2013.07.12 14:50 i attest to the accuracy of this order cwp no.14489 o”2. the said fir was registered against some other person of the same name and that the said letter was totally misconceived and that neither any criminal case was registered against him not any such case was pending but despite that he has not been released his pensionary benefits. he has also issued a legal notice (annexure p-1) dated 28.04.2013 but no order has been passed thereon as yet. at the very outset learned counsel for the petitioner prays that he would be satisfied if a direction is issued to the respondents to decide his legal notice within any reasonable time by passing a speaking order thereon. i find this to be a fair request. in the circumstances this petition is disposed of with a direction to respondent no.2 to decide the legal notice (annexure p-1) of the petitioner within a period of two months from the date of receipt of a certified copy of this order and to release whatever amount he is found entitled to within a period of one month thereafter, failing which the petitioner would be entitled to recover the said amount along with interest at the rate of 8% p.a.from the date of retirement till the date of payment. (ajay tewari) judge july 10 , 2013 sunita nagpal sunita 2013.07.12 14:50 i attest to the accuracy of this order
Judgment:

CWP No.14489 o”

1. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.14489 of 2013 Date of Decision:

10. 07.2013 Suraj Bhan ........Petitioner versus State of Haryana and others ........Respondents CORAM: Hon'ble Mr.Justice Ajay Tewari Present: Mr.R.D.Yadav, Advocate for the petitioner.

**** 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?.

Ajay Tewari, J.

(Oral).By way of the present petition the petitioner has sought a direction to the respondents to release him pensionary benefits along with interest.

The case of the petitioner is that he was selected and appointed in the Haryana Police Force on 04.12.1974 and retired on 30.09.2012 on attaining the age of superannuation.

His pension case was sent to respondent No.4 by respondent No.3.

Despite having sent various reminders his pension was not released to him.

Rather he received a letter dated 22.04.2013 to the effect that an FIR under the Prevention of Corruption Act was still pending against him.

The petitioner replied to that letter stating that Nagpal Sunita 2013.07.12 14:50 I attest to the accuracy of this order CWP No.14489 o”

2. the said FIR was registered against some other person of the same name and that the said letter was totally misconceived and that neither any criminal case was registered against him not any such case was pending but despite that he has not been released his pensionary benefits.

He has also issued a legal notice (Annexure P-1) dated 28.04.2013 but no order has been passed thereon as yet.

At the very outset learned counsel for the petitioner prays that he would be satisfied if a direction is issued to the respondents to decide his legal notice within any reasonable time by passing a speaking order thereon.

I find this to be a fair request.

In the circumstances this petition is disposed of with a direction to respondent No.2 to decide the legal notice (Annexure P-1) of the petitioner within a period of two months from the date of receipt of a certified copy of this order and to release whatever amount he is found entitled to within a period of one month thereafter, failing which the petitioner would be entitled to recover the said amount along with interest at the rate of 8% p.a.from the date of retirement till the date of payment.

(AJAY TEWARI) JUDGE July 10 , 2013 sunita Nagpal Sunita 2013.07.12 14:50 I attest to the accuracy of this order