SADA NAND Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Prayer in the present petition is for issuance of a direction to the respondents to release the benefits of ACP on completion of service of 8/18 years, leave encashment, GIS, free accommodation, interest on delayed payments, the benefits on completion of 10/20 years of service for the period from 2.2.1999 to 20.5.2009 and grant all consequential benefits as has been sought vide legal notice dated 20.10.2005 (Annexure P-1).

(2.) Learned counsel for the petitioner submitted that the petitioner joined the service of Animal Husbandry & Dairy Department, Haryana, on 27.4.1968, as a Packer. He was promoted to the post of VLDA with effect from 17.1.1989. He retired from service on 30.9.2005. He submitted all the requisite documents for preparation of pension, etc. Thereafter, he got issued a legal notice dated 20.10.2005 (Annexure P-1) to the respondents. He waited for a considerable time. But when no response was received on 5.10.2009, he again sent legal notice dated 3.10.2009 (Annexure P-2), for releasing the same benefits as were claimed in legal notice dated 20.10.2005. Thereafter, the petitioner filed CWP No. 11182 of 2010, which was dismissed as withdrawn with liberty to file a fresh one with better particulars vide order dated 29.6.2010. The prayer in the present writ petition is for grant of benefits due to the petitioner.

(3.) On the other hand, learned counsel for the State submitted that there is an inordinate delay in filing the present petition. The petitioner retired from service on 30.9.2005 on attaining the age of superannuation. Earlier the petitioner had filed CWP No. 11182 of 2010, which was dismissed as withdrawn with liberty to file a fresh one with better particulars vide order dated 29.6.2010. The present writ petition has been filed on 5.10.2011 claiming benefits for the period from 2.2.1999 to 20.5.2009. He further submitted that all the benefits have already been given to the petitioner and nothing is due to the petitioner.