NIRMAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In the present writ petition, the grievance which is being raised by the petitioner is that though he had retired on 28.02.2015, but his pensionary benefits such as gratuity, leave encashment and provident fund are not being released by the respondents, though, there is no valid justification, which would entitle the respondents to withhold the same. The present writ petition has been filed with a prayer that a direction be issued to the respondents to release the retiral benefits alongwith interest.

(2.) Upon notice of motion, the respondents have filed reply and in the reply, respondents have stated that the petitioner has withheld the relevant facts from this Court as there were two charge-sheets pending against the petitioner on the day when petitioner superannuated on 28.02.2015 and vide order dated 06.09.2016, both the charge-sheets were decided and the petitioner was held guilty in both the charge-sheets and a penalty was imposed, which penalty amount was deposited by the petitioner and after the deposit of the penalty, the benefit accruing to the petitioner were released by the respondents. The details given in para 4 of the reply, are as under:-

(3.) Learned counsel for the petitioner on the other hand submits that once the charge-sheets had come to an end in September, 2016, petitioner is entitled for the benefit of release of the pensionary benefits immediately thereafter within a period of two to three months but the benefits were released to the petitioner starting from January, 2017 till July, 2017, which shows that there is an inordinate delay in release of the pensionary benefits thereby entitling the petitioner for interest on those delayed released of payment keeping in view the settled principle of law settled by the Full Bench of this Court in A.S. Randhawa Vs. State of Punjab and others, 1997 3 SCT 468.