BIMLA versus STATE OF HARYANA & ORS

High Court of Punjab and Haryana, Chandigarh

Indian Supreme Court Cases / Judgements / Legislation

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Bimla v. State of Haryana & Ors - CWP-12617-2005 [2006] RD-P&H 3058 (11 May 2006)

IN THE HIGH COUART OF PUNJAB AND HARYANA, CHANDIGARH CWP NO. 12617 of 2005

DATE OF DECISION:30-3-2006

Bimla PETITIONER

VERSUS

State of Haryana and others RESPONDENTS

CORAM: HON'BLE MR.JUSTICE H.S.BEDI
HON'BLE MR.JUSTICE VINOD K.SHARMA

PRESENT: Mr. Aman Chaudhary, Advocate, for the petitioner.

Mr. Anil Rathee, Addl.A.G.Haryana for the respondents 1 & 2 Mr.Jagdish Manchanda, Advocate, for respondent Nos.3.

H.S.BEDI, J:

We have heard learned Counsel for the parties.

It is clear from para 2 of the preliminary objection in the written statement filed by respondent No.3, that certain amounts on account of gratuity and leave encashment were due to the husband of the petitioner, which have not been paid to the petitioner and in para 9 of the reply on merits, it has been pointed out that payment of the retiral benefits shall be made as and when the grant is released by the Government.

We find no justification in this plea. It is the legal right of an employee or his heirs in case of death for the release of his/her retiral benefits immediately after retirement.

We accordingly direct that all the retiral benefits due to the husband of the petitioner shall be released to her within a period of two months from the date a certified copy of this order is supplied to the CWP NO. 12617 of 2005

respondents,failing which the respondents shall release the same with interest @ 12 P.A. from the date of retirement of the petitioner's husband till the date of payment.

The writ petition stands allowed with the above directions.

( H.S.BEDI)

JUDGE

30-3-2006 (VINOD K.SHARMA)

'dls' JUDGE

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