Civil Writ Petition No. 8598 of 2011 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Civil Writ Petition No. 8598 of 2011 Date of Decision : 16.5.2011 Pardeep Kumar .......... Petitioner Versus Punjab State Cooperative Supply and Marketing Federation Limited & another ...... Respondents CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present : Mr. Rishu Mahajan, Advocate for the petitioner. **** AUGUSTINE GEORGE MASIH, J. (ORAL) Counsel for the petitioner states that under the Markfed Common Cadre Rules, 1990 there is no provision for withholding of leave encashment and gratuity. He, therefore, contends that the respondents could not have withheld these two benefits, which the petitioner was entitled to on superannuation. He submits that the petitioner would submit a detailed representation claiming his right specifying the assertions which have been made in the present writ petition before the respondents within a period of one week from today and a direction may be issued to the Managing Director, Punjab State Cooperative Supply and Marketing Federation Limited- respondent No.1 to decide the same with some specified time. Civil Writ Petition No. 8598 of 2011 -2- Without going into the merits of the case or commenting thereon and in the light of the statement made by the counsel for the petitioner the present writ petition is disposed of with liberty to the petitioner to submit a representation for the claim as has been asserted in the present writ petition, with regard to the non- disbursement of leave encashment and gratuity on superannuation of the petitioner within a period of one week from today. If such a representation is made, the same shall be considered and decided by the Managing Director, Punjab State Cooperative Supply and Marketing Federation Limited-respondent No.1 within a period of three weeks of such submission of the representation. The decision taken thereon be conveyed to the petitioner. If the petitioner is held entitled to the claim made in the representation the same shall be disbursed to him within a period of eight weeks after such decision. Copy of this order be given dasti to the counsel for the petitioner under the signatures of the Court Secretary. 16.5.2011 (AUGUSTINE GEORGE MASIH) 'sp' JUDGE