C.O.C.P. No. 789 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.O.C.P. No. 789 of 2008 Date of Decision : February 17, 2009 Charan Dass ....Petitioner Versus Sameer Kumar and another .....Respondents CORAM : HON'BLE MR. JUSTICE T.P.S. MANN Present : Mr. R.K.Arora, Advocate for the petitioner. Mr. M.C. Berry, Additional Advocate General, Punjab for respondent No.1. Mr. C.M.Sharma, Advocate for respondent No.2. T.P.S. MANN, J. (Oral) On April 30, 2007, writ petition filed on behalf of the petitioner was allowed and the recovery sought to be effected from the petitioner was quashed. According to the petitioner, despite the aforementioned order, the withheld amount of gratuity has not been released by the respondents and, therefore, they be hauled up for the contempt. C.O.C.P. No. 789 of 2008 -2- Reply has been filed by respondent No.1. It has been stated in para 3 therein that an amount of Rs.1,14,669/- has already been sent by Executive Officer, Municipal Council, Nabha, to the petitioner on 4.9.2008. Learned counsel appearing for respondent No.2 states that the aforementioned amount has since been paid to the petitioner and another amount of Rs.3331/- has also been paid to the petitioner. Learned counsel for the petitioner states that the petitioner had retired on April 30, 2004 and for no fault of the petitioner, the respondents withheld the gratuity amount. Though, this is a fact that the petitioner had retired about five years back, but it was only on April 30, 2007 that his writ petition was allowed and order of recovery passed against him was quashed. The fact remains that the entire outstanding amount has since been paid to him. In view of the above, the present petition has been rendered infructuous and is, accordingly, dismissed. Rule is discharged. ( T.P.S. MANN ) February 17, 2009 JUDGE ajay-1