HARBHAJAN SINGH RIAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HARBHAJAN Singh Riar has approached this Court by way of filing civil writ petition 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 the retiral benefits to the Petitioner as per Rules applicable. Specific prayer has been made for release of full provisional pension for which the Petitioner is entitled and release of payment of leave encashment.

(2.) LEARNED Counsel for the Petitioner contends that pension and payment of leave encashment cannot be withheld by the Respondents. Learned Counsel in this regard has referred to Rule 9.14 of the Punjab Civil Servies Rules, Vol. II reproduced in para No. 8 of the petition. The provisional pension is being paid in part and payment of leave encashment has been withheld. Learned Counsel further states that the claim of the Petitioner finds support from Full Bench judgment of this Court rendered in Dr. Ishar Singh v. State of Punjab and Anr., 1993 (3) PLR 499.

(3.) I have heard learned Counsel for the parties and have considered the issue raised. While the Petitioner, during the period when disciplinary proceedings are pending against him, claims retiral benefits i.e. 100% provisional pension and payment of leave encashment, the stand taken on behalf of the Respondents is that these benefits cannot be released