High Court Punjab-Haryana High Court

Tarlochan Singh vs The State Of Punjab & Others on 24 March, 2009

Punjab-Haryana High Court
Tarlochan Singh vs The State Of Punjab & Others on 24 March, 2009
    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                  CHANDIGARH.

                          CWP NO.20979 of 2008
                           DATE OF DECISION:          24.3.2009


Tarlochan Singh                                    ...Petitioner


                          VERSUS
The State of Punjab & Others                       ...Respondents




               CORAM

      HON'BLE MR.JUSTICE PERMOD KOHLI


PRESENT: Mr.A.K.Walia,             Advocate for the petitioner

             Mr.BS Chahal, DAG, Punjab

Permod Kohli, J. (Oral)

The petitioner retired from service on 31.12.2007 on attaining the

age of superannuation. It is specifically mentioned that at the time of

retirement, no departmental enquiry/criminal proceeding was pending

against the petitioner. Respondent no.2 forwarded the pension case of the

petitioner to respondent no.3 vide his letter dated 16.5.2008 (Annexure P-

2). It is, however, alleged that Accountant General-respondent no.3 raised

certain objections. The grievance of the petitioner is that he has not been

released the pension and other retiral benefits and thus sought directions

in the nature of mandamus to release the pension and all the retiral benefits

with interest at the rate of 18% p.a.

In the reply filed by the respondents, it is stated that the objection

raised by the Accountant General, Punjab-respondent no.3 has been
CWP NO.20979 of 2008 :2:

complied with and the matter is submitted to the Accountant General,

Punjab for sanction of pension. The State has also undertaken to pay the

pensionary benefits, on receipt of sanction from the competent authority.

In view of the above circumstances, this petition is disposed of with a

direction to respondent no.2 to release the pension and all retiral benefits in

favour of the petitioner within a period of three months from the date a

certified copy of this order is received by the competent authority. The

petitioner shall be entitled to statutory interest wherever payable and interest

on all retiral benefits at the rate of 6% per annum till the amount is actually

paid to the petitioner.

(PERMOD KOHLI)
JUDGE

24.3.2009
MFK