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SURINDER KUMAR v. STATE OF PUNJAB & Ors - CWP-20217-2005 [2005] RD-P&H 109 (19 August 2005)


C.W.P. No. 20217 of 2005

Date of decision : 23.12.2005

Surinder Kumar



State of Punjab and others


Hon'ble Mr. Justice J.S.Khehar

Hon'ble Mr. Justice Virender Singh

Present : Mr. O.P.Gabba, Avocate, for the petitioner J.S.Khehar,J. (Oral)

The petitioner is alleged to have retired on attaining the age of superannuation on 30.4.2005. Despite his retirement in April, 2005, it is claimed that the petitioner has not yet been paid his Death-cum- Retirement Gratuity dues as well as his leave encashment. In order to claim the aforesaid dues, the petitioner is stated to have issued a representation dated 21.7.2005 (Annexure P/3) followed by a legal notice dated 11.10.2005 (Annexure P/4) . It is further contended that no decision has been taken thereon till date. Learned counsel for the petitioner states, that the petitioner will be satisfied if the instant writ petition is disposed of by requiring respondent no. 2 i.e. the Director, Local Government, Punjab, Chandigarh, to take a final decision on the legal notice dated dated 11.10.2005 (Annexure P/4).

Notice of motion.

On our asking, Mr. C.M.Munjal, Senior Additional Advocate General, Punjab accepts notice on behalf of the respondents.

Learned counsel for the respondents states, that he has no objection to the disposal of the instant writ petition in terms of the prayer made by the learned counsel for the petitioner.

In view of above, without going into the merits of the claim raised by the petitioner, we consider it just and appropriate to dispose of the instant writ petition by directing respondent No. 2 i.e. the Director, Local Government, Punjab, Chandigarh, to take a final decision on the legal notice dated 11.10.2005 (Annexure P/4), by passing a well reasoned speaking order, within two months from the date of receipt of certified copy of the order. In case the petitioner is found to be entitled to any monetary benefits, the same shall be calculated and released to the petitioner within a further period of one month.

Disposed of accordingly.

Order dasti on payment of usual charges.

( J.S.Khehar )


( Virender Singh )

December 23, 2005 Judge



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