COCP No.1392 of 2009 - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.1392 of 2009 Decided on : 04.08.2009 Amarjit Kaur …Petitioner Vs. Sh.G.S.Grewal IAS & Others …Respondents **** CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR GARG **** Present: Mr. Ranjiwan Singh, Advocate for the petitioner **** RAKESH KUMAR GARG, J (ORAL) As per the averments made in this petition, petitioner served a legal notice which was attached as Annexure P2 with CWP No.1002 of 2009 upon the respondents for release of her retiral benefits. Since the retiral benefits of the petitioner were not released, she filed CWP No.1002 of 2009 in this Court raising various arguments. However, the writ petition was disposed of by this Court giving the direction to the respondents to take the decision on the legal notice served by the petitioner within a period of 2 months from the date of receipt of certified copy of aforesaid order by the respondent. It is the further case of the petitioner that in pursuance of this order passed by the Court, the District Education Officer, Ludhiana passed an office order No.E-3/09-EE/3790-93 dated 21.4.2009 (Annexure P2). In this order it was mentioned that the petitioner had remained absent from her duties for about 9 years and the aforesaid absence period was declared as “dies non”. However, an objection was raised by the Accountant General, Punjab that the District Education Officer was not competent to declare the absence period as “dies non” and the matter be got decided from the Government. Thereafter, the case was sent to the Government COCP No.1392 of 2009 - 2 – and the decision of the Government is still pending. However, keeping in view the hardship of the retiree, anticipatory pension and GP fund was released. It has been further mentioned in the order that Gratuity as well as Leave Encashment will be released to the petitioner immediately after the decision of the Government with respect to her absence period. It is further the case of the petitioner that after passing of this order, petitioner issued another notice dated 18th May, 2009 to the respondent for committing contempt of this Court as nothing was done to release her remaining benefits. I have heard the learned counsel for the petitioner. The direction given by this Court was to decide the legal notice issued by the petitioner to the respondents which was attached with the writ petition. In the aforesaid legal notice only prayer of the petitioner was to release him the retiral benefits. Admittedly, the aforesaid legal notice was disposed of by the District Education Officer, Ludhiana vide order dated 21st April, 2009 Annexure P2 as aforesaid. Thus in my view compliance of the order dated 22.01.2009 passed by this Court has been made. However, if the petitioner is still not satisfied with the orders Annexure P2 passed by the respondent or for not granting her till date the remaining retiral benefits by the State Government, she may seek any other remedy in accordance with the law. Dismissed. (RAKESH KUMAR GARG) JUDGE 04.08.2009 shonkar