IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Writ Petition No. 11256 of 2009 DATE OF DECISION : SEPTEMBER 2, 2009 SALINDER SINGH ....... PETITIONER(S) VERSUS STATE OF PUNJAB & ORS. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. YP Singla, Advocate, for the petitioner(s). Mr. YK Sharma, DAG, Punjab. Mr. GS Kaura, Advocate, for respondent No.4. AJAI LAMBA, J. (Oral) This petition under Articles 226/227 of the Constitution of India has been filed praying for issuance of a writ in the nature of mandamus directing respondent No.1 i.e. Principal Secretary to Government of Punjab, Department of Defence Services Welfare, Punjab, to release Death-cum-Retirement Gratuity and Group Insurance Scheme benefits, along with interest on delayed payment. It has been pleaded that the petitioner was appointed as Sewadar by respondent No.2 i.e. Director, Sainik Welfare, Punjab, on Civil Writ Petition No. 11256 of 2009 2 5.6.1986. On attaining the age of superannuation, the petitioner retired on 31.1.2009, vide order dated 2.2.2009. It has been further pleaded that the pension case of every employee is required to be processed six months prior to the date of retirement so that on retirement of the employee, the admissible retiral benefits are released. The respondents have not taken steps as per the provisions contained in the rules. The benefits released to the petitioner are against leave encashment, General Provident Fund payment and arrears against 5 months pension. The said benefits were released after a delay of more than six months. The amount on account of Death-cum-Retirement Gratuity and Group Insurance Scheme had not been released till the filing of the petition. Reply on behalf of respondent No.4, by way of short affidavit of Shri D.S. Brar, Deputy Director (Head Quarters), Sainik Welfare, Punjab, has been filed in Court today, which is taken on record. In the reply, it has been pleaded that as per instructions, the petitioner was required to file papers six months before the date of his retirement. The papers were submitted by the petitioner one month before the retirement and, therefore, the case could not be processed, as provided under the rules. Thus, the delay is on the part of the petitioner and not the Department. It has further been pleaded that certain objections were raised by the office of the Accountant General, Punjab, which were removed. After receiving the clarification from the office of the Accountant General, Punjab, on 21.8.2009, orders were issued on the same date i.e. 21.8.2009, for release of the amount on account of Death-cum-Retirement Civil Writ Petition No. 11256 of 2009 3 Gratuity. Learned counsel for the respondent-State states that the amount on account of Group Insurance Scheme and Gratuity would be released within one week from today. Considering the totality of facts and circumstances of the case, this petition is disposed of with a direction to all the respondents to ensure that all the retiral benefits of the petitioner are positively released in favour of the petitioner within 3 weeks from today. September 2, 2009 ( AJAI LAMBA ) Kang JUDGE 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?