Civil Writ Petition No. 8717 of 2011 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Civil Writ Petition No. 8717 of 2011 Date of Decision : 17.5.2011 Baldev Singh Sandhu .......... Petitioner Versus The Punjab State Supply & Marketing Federation Limited & another ...... Respondents CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present : Ms. Jagdeep Bains, Advocate for the petitioner. **** AUGUSTINE GEORGE MASIH, J. (ORAL) Counsel for the petitioner contends that in a revision petition preferred by the petitioner the authority modified the punishment imposed on the petitioner by upholding the punishment of downgrading pay by four annual increments with cumulative effect but set aside the punishment with regard to the recovery for the loss sustained in case the miller did not pay the same. She on the basis of this order contends that no recovery can be effected from the petitioner especially in the light of the fact that the Corporation has, although, challenged the said order in the writ petition by filing CWP No. 933 of 2008 'Markfed vs. Financial Commissioner, Cooperation and others', which stands admitted, but no stay has been granted by this Court of the impugned order. It is Civil Writ Petition No. 8717 of 2011 -2- her further contention that claiming the benefit of leave encashment and other benefits, which the petitioner is entitled to after his retirement, he has already submitted a representation dated 7.1.2011 (Annexure P-10), but decision thereon has not been taken by the respondents. She further contends that the pay scale of the petitioner has also been revised vide order dated 8.3.2011, but the benefit of revised leave encashment has also not been given to the petitioner. Reliance has been placed on the judgment of this Court in the case of CWP No. 15920 of 2008 decided on 7.4.2008 titled 'Rachhpal Singh vs. The Punjab State Cooperative Supply & Marketing Federation Limited and others' for claiming the benefit of leave encashment, which was granted by this Court to a similarly placed employee of the respondent-Federation. On this basis, she prays that a time bound direction may be issued to the respondents to consider the representation of the petitioner dated 7.1.2011 (Annexure P-10) in the light the above submissions within some specified time and the benefit be released to the petitioner. Without going into the merits of the case or commenting thereon and keeping in view the submissions made by the counsel for the petitioner, as have been noticed above, the present writ petition is disposed of with liberty to the Managing Director, Punjab State Supply & Marketing Federation Limited-respondent No.1 to consider the representation dated 7.1.2011 (Annexure P-10) within a period of two months from the date of receipt of certified copy of this order. The speaking order so passed on the representation be Civil Writ Petition No. 8717 of 2011 -3- conveyed to the petitioner forthwith and in case the petitioner is held entitled to the claim made by the petitioner in his representation, the same shall be disbursed to him within a period of two months. 17.5.2011 (AUGUSTINE GEORGE MASIH) 'sp' JUDGE