IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.2034 of 2009 (O&M) Date of decision: December 7, 2009. Babu Ram ...Petitioner(s) v. Sameer Mathur & Anr. ...Respondent(s) CORAM:HON'BLE MR. JUSTICE RAKESH KUMAR GARG Present: Shri S.S. Dinarpur, Advocate, for the petitioner. Shri Ashok Jindal, Additional Advocate General, Haryana for the respondents. Rakesh Kumar Garg, J. (Oral): Reply on behalf of the respondents by way of affidavit of Naveen Ahuja, General Manager, Haryana Roadways, Yamuna Nagar has been filed in court and the same is taken on record. It has been averred therein as under:- “3. That the deponent has received the copy of order passed by this Hon'ble Court dated 15.12.2008 only on 23.1.2009 wherein a direction was given to respondents “to count service of the petitioner, rendered by him as daily wager towards qualifying service and as a consequence thereof the petitioner is entitled to pension and as such pensionary beneifts shall also be released in his favour. The entire exercise was to be completed within a period of 6 months from the receipt of certified copy of the order.” On receipt of certified copy of this order the office obtained the opinion from learned Advocate General, Haryana regarding further action on the order passed by this Hon'ble Court. Learned Advocate General, Haryana has opined that it is not a fit case for filing LPA which was received in the office on 9.4.2009. Thereafter the case of the petitioner was sent to the Govt. for special sanction as the qualifying period for grant of pensionary is less than 10 years. The sanction in this regard was received in the office only on 5.11.2009 and on receipt of the sanction the petitioner was called by the office through special messenger but the petitioner did not come forward and ultimately the petitioner was called through letter No.7229/ECM dated 1.12.2009 by special messenger and the petitioner received the same and came in the office for signing the pension book and other relevant document for grant of pensionary benefits. The copy of letter dated 1.12.2009 is attached herewith as Annexure R-1. After obtaining the signatures from the petitioner the case for grant of pensionary benefits was sent to the Accountant General (A&E) Haryana, Chandigarh vide letter No.7255/Pension dated 1.12.2009 personally through special messenger and the copy of the same was endorsed to the petitioner which was received by the petitioner on 1.12.2009. The copy of letter No.7255/Pension dated 1.12.2009 is attached herewith as Annexure R-2. 4. That the Accountant General, Haryana, Chandigarh vide PPO No.164357-S/HR dated 3.12.2009 released the pension to the petitioner as per direction of Hon'ble High Court. The copy of PPO is attached herewith as Annexure R-3.” In view of the aforesaid reply, this court is not inclined to proceed further in this matter. Rule discharged. However, the petitioner shall be at liberty to make a representation to the respondents for recovery of any other amount relating to pensionary benefits. If any such representation is made made within three months from today, the same shall be decided by the respondents within one month thereafter. Needless to say that in case any amount is found due to the petitioner, the same shall be paid to him thereafter and in case his claim is rejected, the decision so taken shall be communicated to him. December 7, 2009. [ Rakesh Kumar Garg ] kadyan Judge