IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Civil Writ Petition No.3450 of 2009
Date of Decision: March 04, 2009
Superintendent of Post Offices, Faridkot Division, Faridkot
.....PETITIONER(S)
VERSUS
Darshan Ram & Others
.....RESPONDENT(S)
. . .
CORAM: HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: - Mr. Namit Kumar, Advocate, for the
petitioner.
. . .
AJAI LAMBA, J (Oral)
Challenge in this civil writ petition
is to Order dated 4.2.2008 (Annexure P-5) and order
dated 29.9.2008 (Annexure P-7) passed by the
Controlling Authority and the Appellate Authority
under the Payment of Gratuity Act, 1972.
The Superintendent of Post Offices,
Faridkot Division, Faridkot, has come up in writ
petition in challenge to the said orders.
Perusal of Order, Annexure P-7,
indicates that the authority has taken notice of a
Division Bench judgment of this Court in the case of
Sr. Supdt. Of Post Offices vs. Smt. Sham Dulari & Others (CWP No.7576
of 2006, decided on 18.5.2006) whereupon relief has
been granted to the respondents. It has further been
CWP No.3450 of 2009 [2]
contended that the order was challenged before the
Hon’ble Supreme Court of India, the same however has
been upheld.
Learned counsel for the petitioner has
been very fair in appending the judgment passed by
the Division Bench of this Court, referred to above,
as Annexure P-8, reported as 2006(3) SCT 577.
Considering the fact that learned
counsel for the petitioner has not been able to
distinguish the judgment of the Division Bench of
this Court, no ground for interference by this Court
is made out.
Learned counsel for the petitioner has
raised an additional issue of delay on the part of
the respondent in approaching the authorities.
The issue has been dealt with in
impugned order, Annexure P-5. It has been recorded
that delay was caused for reasons beyond the control
of the applicant and therefore, is condoned to meet
the ends of social justice. I find no reason to
interfere with the said reasoning.
The petition is dismissed.
(AJAI LAMBA)
March 04, 2009 JUDGE
avin