Satnam Singh vs State Of Punjab & Others on 10 November, 2008

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


                                    CASE NO.: CWP No.10218 of 2007
                                DATE OF DECISION: November 10, 2008

SATNAM SINGH                                            ...PETITIONER

                                 VERSUS

STATE OF PUNJAB & OTHERS                                ...RESPONDENTS

CORAM: HON’BLE MR. JUSTICE ASHUTOSH MOHUNTA.

HON’BLE MR. JUSTICE RAJAN GUPTA.

PRESENT: MR. RAJESH K. DADWAL, ADVOCATE FOR THE PETITIONER.

MR. B.S. CHAHAL, DAG, PUNJAB.

ASHUTOSH MOHUNTA, J.(ORAL)

The petitioner was enrolled in the Indian Army on 24.3.1964

and was discharged from the Army on 1.2.1977. Thereafter the petitioner

was appointed as Driver in Punjab Roadways, Hoshiarpur Depot on

24.2.1981. He was convicted in a criminal case and was sentenced to

undergo RI for 1 year vide judgement dated 16.8.1994, passed by the Addl.

Sessions Judge, Ropar (Annexure P-1). In pursuance to his conviction, the

petitioner was ordered to be removed from service vide order dated

26.6.1998 (Annexure P-2), w.e.f 17.8.1994.

The grievance of the petitioner is that although he has been

removed from service but as the petitioner has rendered approximately 7

years of service in Punjab Roadways, therefore, he is entitled to his retiral

dues.

Reply has been filed on behalf of the respondents wherein it

has been averred that as the petitioner was removed from service vide order

dated 26.6.1998 (Annexure P-2), hence he is not entitled to pensionary

benefits.

CWP No.10218 of 2007 -2-

A perusal of the aforementioned facts shows that where an

employee is dismissed or removed from service then he is not entitled to any

pensionary benefits.

In view of the above, we find no merit in the writ petition and

the same is dismissed.

Counsel for the petitioner submits that the respondents cannot

withhold the GPF of the petitioner.

After hearing learned counsel, we direct the respondents to

release the GPF, if not already released to the petitioner, as the same cannot

be withheld by the respondents, expeditiously, preferably, within three

months from the date of receipt of certified copy of this order.

                                         (ASHUTOSH MOHUNTA)
                                               JUDGE



November 10, 2008                            (RAJAN GUPTA)
Gulati                                          JUDGE