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(2021) Law Today Live Doc. Id. 16293 = 2021(2) L.A.R. 458
Decided on: 01.07.2021
Present:
Mr. Harchand Singh Batth, Advocate for the petitioner.
Constitution of India, Article 226 – Release of pensionary benefits – Writ jurisdiction – Petitioner superannuated as clerk on 29.02.2020 – Submitted that no enquiry or complaint is pending – Petitioner submits that requisite formalities have been completed and there is no justification, whatsoever, for withholding pension and retiral benefits of the petitioner – Writ petition disposed of with a direction to the competent authority to decide representation in accordance with law by passing a speaking order, within a period of two months and necessary benefits found due towards the petitioner be released to him within four weeks thereafter.
(Para 2-4)
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LISA GILL, J. –
1. This matter is being taken up for hearing through video conferencing due to outbreak of the pandemic, COVID-19.
2. It is submitted that the petitioner, who was serving respondent No.4 as Clerk, superannuated on 29.02.2020. Learned counsel for the petitioner submits that no enquiry or complaint is pending against the petitioner. However, neither pension nor any of the retiral benefits due towards the petitioner have been released without any rhyme or reason. Learned counsel for the petitioner submits that requisite formalities have been completed and there is no justification, whatsoever, for withholding pension and retiral benefits of the petitioner. In this respect a number of representations, it is stated, have been submitted, the latest being on 18.09.2020, but to no avail.
3. At this stage, learned counsel for the petitioner restricts his prayer for a decision on representation dated 18.09.2020 (Annexure P5) in a time bound manner.
4. Keeping in view the facts and circumstances as well as the limited prayer addressed, but without expressing any opinion on the merits of the case, this writ petition is disposed of with a direction to the competent authority to decide representation dated 18.09.2020 (Annexure P5), in accordance with law by passing a speaking order, within a period of two months from date of receipt of certified copy of the order and necessary benefits found due towards the petitioner be released to him within four weeks thereafter.
Order accordingly.
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