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KULDIP SINGH A.D.E. versus STATE OF PUNJAB & ORS

High Court of Punjab and Haryana, Chandigarh

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Kuldip Singh A.D.E. v. State of Punjab & Ors - CWP-1221-2006 [2006] RD-P&H 5145 (2 August 2006)

CWP NO.1221 OF 2006(O&M) 1

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

CWP NO.1221 OF 2006(O&M)

DATE OF DECISION: 17.08.2006.

Kuldip Singh A.D.E. Petitioner.

Versus

State of Punjab and others ....Respondents.

CORAM: HON'BLE MR.JUSTICE J.S. KHEHAR
HON'BLE MS. JUSTICE KIRAN ANAND LALL

PRESENT: None for the petitioner.

Mr. Ashok Aggarwal, Addl. A.G. Punjab,

for the respondents.

J.S. Khehar, J. (oral)

This case has been called twice since morning. None has appeared on behalf of the petitioner.

Civil Misc.No.3767 of 2006 is allowed. Replication to the joint written statement filed on behalf of respondents No.1 to 4 is taken on record subject to all just exceptions.

In paragraphs 1, 2 and 3 of the preliminary submissions contained in the written statement jointly filed on behalf of respondents No.1 to 4, it has been averred as under:- "1. That the period of suspension from 29.3.1995 to 18.9.2003 has been considered as duty period. Copy annexed as Annexure R-I.

2. That the benefit of higher scale of Rs.14300-18150 CWP NO.1221 OF 2006(O&M) 2

w.e.f. 1.1.96 after completion of 14 years of service has been granted vide orders dated 24.8.2005 issued vide Endst.No.2/34/2005-2PP-II/15651 dated 29.8.2005 further endstt. By Chief Engineer/Canals, Irrigation Works, Punjab, Chandigarh, vide No.3202/4GS/2748/79 dated 21.11.2005.

Copy annexed as Annexure R-II. An amount of Rs.9,40,361/- on account of arrears of higher pay scale has been paid to the petitioner on 15.2.2006. Copy of the same is annexed as Annexure R-III.

3. That an amount of Rs.3,29,420/- of leave encashment has been paid to the petitioner on 31.01.2006 vide Cheque No.807932 dated 24.1.2006. Copy annexed as Annexure R-IV.

All the retirement benefits such as D.C.R.G./Pension, G.P.F. have been dealt with on priority basis. The petitioner submitted the pension paper on 17.8.2005 which were found incomplete and completed by the petitioner on 19.10.2005.

The pension case of the petitioner has been sent to Accountant General, Punjab, Chandigarh vide No.1777/PF dated 2.12.2005 after receiving service book on 22.11.2005. The pension case of the petitioner received back with some observations vide Accountant General, Punjab, Chandigarh No.Pen-9/K-34/2005- 06/7827-28, dated 26.12.2005 which was returned to Accountant General, Punjab, Chandigarh after compliance vide No.252/PF, dated 15.2.2006. The final G.P.F. case of the petitioner has now been sanctioned by the Chief Engineer/Canals, Irrigation Works, Punjab, Chandigarh vide CWP NO.1221 OF 2006(O&M) 3

No.1341-42/GPF-5 dated 17.2.2006 and payment of GPF will be made in due course. Copy of the same is annexed as Annexure R-V."

During the course of hearing in Court today, it is pointed out that the following additional payments have been made to the petitioner:-

1. Arrears of 14 years scale paid by cheque No.809772 dated 14.2.2006. Rs.940361/-

2. Leave encashment paid by cheque No.807932 dated 24.1.2006. Rs.329420/-

3. GPF Final payment paid by cheque No.811081 dated 24.2.2006 Rs.166614/-

4. PPO No.192013/Pb. Letter No.A.G.Pb Pen-9/K34/2005-06/9662-65 dated

3.3.2006.

5. D.C.R.G. Paid by cheque No."820859"/ 160002014 dated 19.5.2006 Rs.306991/-

6. Arrears of pay 29.3.05 to 31.12.95 Pay fixation sent to Treasury vide Rs. 25410/- Bill No.198-A dated 14.2.06."

To substantiate that the aforesaid payments, in addition to those referred to in the preliminary submissions, have been made, learned counsel for the respondents has handed over to us a compilation, which is taken on record and marked as Annexure `A'.

In view of the averments made in the preliminary submissions, noticed hereinabove, and in view of the additional payments made, referred CWP NO.1221 OF 2006(O&M) 4

to above, we are of the view that the instant writ petition has been rendered infructuous, on account of the fact that all the payments due to the petitioner have since been released to him. Be that as it may, if any further payment remains to be paid to the petitioner, it will be open to the petitioner to make a representation to the respondents and in case such a representation is made by the petitioner to the respondents along with a certified copy of this order,the same shall be dealt with and disposed of expeditiously.

Disposed of accordingly.

( J.S. Khehar )

Judge

( Kiran Anand Lall )

August 17, 2006. Judge

vig


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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