CWP No.19241 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 1.7.2010 Dharampal ...Petitioner VERSUS State of Haryana & Others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.Naveen Daryal, Advocate for the petitioner Mr.RS Kundu, Addl.A.G., Haryana Mr.GS Hooda, Advocate for respondent no.3 Permod Kohli, J. (Oral) The petitioner was working on the post of Safai Karamchari w.e.f. 1.1.1977. He retired on 31.6.2009, on attaining the age of superannuation. The grievance of the petitioner is that after retirement, his retiral benefits i.e. gratuity, GPF, Commutation of Pension, Revision of Pay Scale, Higher Standard Scale, GIS, leave encashment, ACP etc. have not been paid. In the reply filed by respondent no.3, it is stated that pensionary case of the petitioner has already been sent to the concerned authority for fixation of pay. It is further stated that the benefit of the 6th Pay Commission will be granted alongwith the difference of gratuity, leave encashment etc., CWP No.19241 of 2009 2 once the process is complete. So far as the grant of ACP is concerned, it is stated that the petitioner remained absent for 130 days. There is nothing on record to show that whether any disciplinary action has been taken against the petitioner for his alleged absence and the period of absence has been treated as break in service. Thus, the contention of the respondents that the petitioner's entire service cannot be treated as continuous service, is rejected. There is no other ground for denying the grant of ACP to the petitioner. In view of the above, this petition is disposed of with the directions to the respondents to settle all pensionary/retiral claims of the petitioner, including the benefit of the ACP within a period of three months from the date a certified copy of this order is served upon the competent authority. The retiral benefits payable to the petitioner shall be released within one month thereafter. Needless to say that the petitioner shall be entitled to statutory interest on gratuity and GPF. If the amount is not released within the time specified here-in-above, the petitioner shall be entitled to interest on all retiral benefits at the rate of 6% per annum till the amount is actually paid. (PERMOD KOHLI) JUDGE 1.7.2010 MFK