LAWS(P&H)-2010-8-566

ROMESH CHANDER Vs. STATE OF PUNJAB AND OTHERS

Decided On August 10, 2010
ROMESH CHANDER Appellant
V/S
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

(1.) This petition has been filed under Articles 226 and 227 of the Constitution of India praying for issuance of a writ in the nature of mandamus directing the respondents to release all the pensionary benefits to the petitioner.

(2.) It has been brought out that the petitioner was appointed as a Section Officer in PWD B&R Department. The date of superannuation of the petitioner was 31.01.2008. At the time of superannuation, the petitioner was serving the respondents as Sub Divisional Engineer. The retiral benefits were not released, as intimated to the petitioner for the reason that recovery of Rs. 33,642/- was to be effected from the leave encashment of the petitioner. The petitioner, however, challenged the order of recovery by way filing CWP No. 21400 of 2008.

(3.) Learned counsel contends that a sum of Rs. 11 lacs approximately due towards the petitioner has been withheld by the respondents on the ground that a sum of Rs. 33362/- has to be recovered.