High Court Punjab-Haryana High Court

Bhim Sain And Others vs State Of Punjab And Another on 24 February, 2009

Punjab-Haryana High Court
Bhim Sain And Others vs State Of Punjab And Another on 24 February, 2009
      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
               CHANDIGARH

                                       C.W.P.No.15579 of 2008
                                       Date of Decision:- 24.02.2009

Bhim Sain and others                          ....Petitioner(s)


                    vs.

State of Punjab and another                   ....Respondent(s)

                    ***

CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH

                    ***

Present:-     Mr.Mukand Gupta, Advocate for the petitioners.

              Mr.Vijay Kumar Chaudhary, AAG, Punjab.

                    ***

AUGUSTINE GEORGE MASIH, J. (Oral)

The prayer in the present writ petition is for issuance of a Writ

in the nature of Mandamus directing the respondents to release the gratuity,

leave encashment and other retiral benefits to which they are legally entitled

to along with interest from the day they became due till payment.

Learned counsel for the petitioners contends that for this relief,

the petitioners have served legal notice dated 30.5.2008 (Annexure P-7)

which is still pending with the respondents and no decision has been

conveyed to the petitioners.

Counsel for the respondents states that a decision on the said

legal notice will be taken within a period of four months from today and if

the petitioners are found entitled to the relief claimed by them, the amount

due, if any, will be released to them within a period of three months

thereafter.

In the light of the above, the writ petition stands disposed of
C.W.P.No.15579 of 2008 -2-

with a direction to the respondents to decide the legal notice

(Annexure P -7) within a period of four months from today and release the

benefits, if held entitled to, within a period of three months thereafter.

February 24, 2009                       ( AUGUSTINE GEORGE MASIH )
poonam                                            JUDGE




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