IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: CWP No.10218 of 2007 DATE OF DECISION: November 10, 2008 SATNAM SINGH ...PETITIONER VERSUS STATE OF PUNJAB & OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. HON'BLE MR. JUSTICE RAJAN GUPTA. PRESENT: MR. RAJESH K. DADWAL, ADVOCATE FOR THE PETITIONER. MR. B.S. CHAHAL, DAG, PUNJAB. ASHUTOSH MOHUNTA, J.(ORAL) The petitioner was enrolled in the Indian Army on 24.3.1964 and was discharged from the Army on 1.2.1977. Thereafter the petitioner was appointed as Driver in Punjab Roadways, Hoshiarpur Depot on 24.2.1981. He was convicted in a criminal case and was sentenced to undergo RI for 1 year vide judgement dated 16.8.1994, passed by the Addl. Sessions Judge, Ropar (Annexure P-1). In pursuance to his conviction, the petitioner was ordered to be removed from service vide order dated 26.6.1998 (Annexure P-2), w.e.f 17.8.1994. The grievance of the petitioner is that although he has been removed from service but as the petitioner has rendered approximately 7 years of service in Punjab Roadways, therefore, he is entitled to his retiral dues. Reply has been filed on behalf of the respondents wherein it has been averred that as the petitioner was removed from service vide order dated 26.6.1998 (Annexure P-2), hence he is not entitled to pensionary benefits. CWP No.10218 of 2007 -2- A perusal of the aforementioned facts shows that where an employee is dismissed or removed from service then he is not entitled to any pensionary benefits. In view of the above, we find no merit in the writ petition and the same is dismissed. Counsel for the petitioner submits that the respondents cannot withhold the GPF of the petitioner. After hearing learned counsel, we direct the respondents to release the GPF, if not already released to the petitioner, as the same cannot be withheld by the respondents, expeditiously, preferably, within three months from the date of receipt of certified copy of this order. (ASHUTOSH MOHUNTA) JUDGE November 10, 2008 (RAJAN GUPTA) Gulati JUDGE