Kamal Dev vs The Punjab State Warehousing … on 5 November, 2009

       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH.

                                                    C.W.P. No. 16871 of 2009
                                           DATE OF DECISION : 05.11.2009

Kamal Dev

                                                              .... PETITIONER

                                    Versus

The Punjab State Warehousing Corporation, Chandigarh and another

                                                          ..... RESPONDENTS


CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL


Present:      Mr. Vivek Sethi, Advocate,
              for the petitioner.

                          ***

SATISH KUMAR MITTAL , J. ( Oral )

The petitioner, who has retired on 31.7.2007, as Technical

Assistant, from the respondent Corporation, on attaining the age of

superannuation, has filed the instant petition for issuing direction to the

respondents to quash the order dated 23.9.2008 (Annexure P-9), vide which

a recovery of Rs. 2,37,433.05 has been ordered to be effected from the

petitioner.

Concededly, against the order dated 23.9.2008 (Annexure P-9),

the petitioner has filed an appeal dated 18.12.2008 (Annexure P-10) and the

same is pending, as according to the petitioner no final decision has been

taken on the same. Counsel states that due to pendency of the appeal, the

petitioner has not been released his retiral benefits, therefore, he is suffering
CWP No. 16871 of 2009 -2-

and on the other hand, the respondents are not considering and deciding the

said appeal. Counsel further states that at this stage, the petitioner will be

satisfied if a direction is issued to the Executive Committee of the Board of

Directors of the respondent Corporation (respondent No.2 herein) to

consider and decide the appeal filed by the petitioner, in accordance with

law.

In view of the above, without issuing notice of motion as it will

un-necessary delay the matter, this petition is disposed of with a direction to

respondent No.2 to consider and decide the appeal dated 18.12.2008

(Annexure P-10) filed by the petitioner, in accordance with law, within a

period of three months from the date of receipt of a certified copy of this

order.

November 05, 2009                          ( SATISH KUMAR MITTAL )
ndj                                                 JUDGE