C.W.P. No. 19682 of 2009
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.W.P. No. 19682 of 2009
Date of decision: 18.12.2009
Naresh Chander Sharma and another
....Petitioners
Versus
State of Haryana and others
....Respondents
CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA
Present: - None.
*****
VINOD K. SHARMA, J (ORAL)
The petitioners have invoked the writ jurisdiction of this Court
to seek a writ of mandamus directing the respondents to release the
retiral benefits of the petitioners.
The case of the petitioners is, that petitioners No. 1 and 2
retired from service on 31.11.2005 and 6.2.2006, respectively, on
attaining the age of superannuation. However, their retiral benefits like
gratuity, leave encashment and group insurance scheme etc. as per rules,
have not been released in spite of number of representations and demand
notices. It is further the case of the petitioners, that before approaching
this Court legal notice was issued by the petitioners on 22.8.2008, but no
reply to the legal notice has been sent so far.
Without going into the merits of the case at present, this Court
feels that interest of justice would be served if respondents No. 4 and 5
are directed to take decision on the claim, raised in the legal notice,
within three months of the receipt of certified copy of this order.
C.W.P. No. 19682 of 2009
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“Ordered accordingly.”
In case, the claim is to be rejected the respondents shall pass
speaking order giving reasons for rejection and, in case, the petitioners
are held entitled to retiral benefits, the same be paid forthwith, preferably
within two months of the passing of order on the legal notice.
(Vinod K. Sharma)
Judge
December 18, 2009
R.S.