IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.8717 of 2009 Date of Decision:- 19.02.2010 S.C.Mehra ....Petitioner(s) vs. Union of India and others ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Veneet Sharma, Advocate, for the petitioner. Mr.Ram Chander, Advocate, for respondents No.1 and 4. Mr.B.R.Mahajan, Advocate, for respondents No.2 and 3. *** AUGUSTINE GEORGE MASIH, J. (Oral) Counsel for the petitioner submits that the petitioner is not being granted the pension and other retiral benefits as per the claim made by the petitioner. He further states that even the pension to which the petitioner is entitled to as per the pay fixed by the respondents, has not yet been released to him and he is only being paid provisional pension. He states that the petitioner, in any case, without prejudice to his rights, is entitled to the pension which the respondents themselves are admitting he would be entitled to. Counsel for respondents No.2 and 3 states that the petitioner is not coming-forward to sign the pension papers. He further states that on completion of the pension papers, the pension and all retiral benefits including computation shall be released to the petitioner within a period of C.W.P.No.8717 of 2009 -2- two months thereafter. Counsel on instructions from the petitioner who is present in Court, states that the petitioner would appear before respondents No.2 and 3 on 23.2.2010 and complete all the formalities with regard to his pension claim and other retiral benefits including commutation of pension. Counsel for respondents No.2 and 3 states that he has no objection to the petitioner coming to their office and completing the papers. In view of the above, the present writ petition is disposed of with directions to respondents No.2 and 3 to finalize the claim of the petitioner with regard to pension and other retiral benefits, including commutation of pension and release the same within a period of two months from 23.2.2010 provided the petitioner appears before the respondents aforesaid on 23.2.2010 and completes and signs the pension papers as undertaken by him in Court. The release of pension and other retiral benefits however shall be without prejudice to the rights of the petitioner, if he has any other claims with regard to any claim including retiral benefits. Counsel for the petitioner prays for liberty to file a fresh petition to challenge the orders dated 5.7.2006 and 22.8.2006 passed by respondent No.3-Executive Officer, Cantonment Board, Amritsar Cantt, which have been now placed on record by way of written statement by the respondents. Liberty granted. February 19, 2010 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE