Ashok Kumar Khullar vs State Of Punjab And Another on 29 October, 2009

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH.

                                                   C.W.P. No. 16508 of 2009
                                          DATE OF DECISION : 29.10.2009

Ashok Kumar Khullar

                                                             .... PETITIONER

                                    Versus

State of Punjab and another

                                                         ..... RESPONDENTS


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


Present:     Mr. Sandeep Arora, Advocate,
             for the petitioner.

                          ***

SATISH KUMAR MITTAL , J. ( Oral )

The petitioner, who has retired as Junior Assistant from

Municipal Council, Gurdaspur, on 31.3.2009, on attaining the age of

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

respondents to release his leave encashment and gratuity. It is stated that till

date, the amount of leave encashment and gratuity, as admissible under law,

has not been released to the petitioner, without any reason and justification,

and in this regard, the petitioner had made representation on 7.7.2009

(Annexure P-1) as well as reminder on 19.8.2009 (Annexure P-2).

Therefore, the petitioner has served legal notice dated 29.9.2009, upon the

respondents, copy of which has been annexed as Annexure P-3, but till date,

neither any decision has been taken, nor the aforesaid retiral benefits have
CWP No. 16508 of 2009 -2-

been released to the petitioner. Counsel states that at this stage, the

petitioner will be satisfied, if a direction is issued to the Executive Officer,

Municipal Council, Gurdaspur (respondent No.2 herein) to consider and

decide the aforesaid legal notice within a reasonable time.

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 legal notice dated 29.9.2009

(Annexure P-3) in accordance with law, within a period of three months

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

October 29, 2009                             ( SATISH KUMAR MITTAL )
ndj                                                   JUDGE