IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 6838 of 2009 DATE OF DECISION : 15.07.2009 Amar Singh Dhadwal .... PETITIONER Versus Punjab State Electricity Board, Patiala ..... RESPONDENT CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL Present: Mr. Raman Sharma, Advocate, for the petitioner. Mr. Sukhbir Singh, Advocate, for the respondent. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioner, who was working as Junior Engineer in the Punjab State Electricity Board and retired from service on 31.10.2008 on attaining the age of superannuation, has filed the instant petition for issuing direction to the respondent to release his pension, commutation of pension and gratuity etc., which has been illegally and arbitrarily withheld. The petitioner is seeking his retiral benefits in terms of the judgment dated 31.1.1997 (Annexure P-5) rendered by the Civil Court in Civil Suit No. 51 dated 18.2.1993. Pursuant to the notice, written statement on behalf of the respondent has been filed in Court today. The same is taken on record, CWP No. 6838 of 2009 -2- wherein it has been stated that against the aforesaid judgment and decree dated 31.1.1997, passed by the Civil Court in favour of the petitioner, Regular Second Appeal No. 1096 of 2000, filed by the respondent Board, has been admitted by this Court and in case, the said appeal is allowed, it will be difficult for the respondent Board to recover the excess amount paid to the petitioner towards pensionary benefits, in terms of the aforesaid civil court judgment. In that civil suit, the dispute is regarding counting of ad-hoc service of the petitioner from 16.4.1977 to 17.1.1980 for granting time bound promotional scale. Counsel for the respondent, on instructions, states that the respondent Board is ready to release all the retiral benefits to the petitioner, provided he furnishes indemnity bond with a surety to ensure that in case, the aforesaid RSA is decided in favour of the respondent and on that account, the excess amount, if any, received by the petitioner shall be refunded to the respondent. Counsel for the petitioner, on instructions from the petitioner, who is present in Court, accepts the offer and states that the petitioner will furnish the indemnity bond and one surety of any person within 15 days. Counsel for the respondent states that if the aforesaid indemnity bond with one surety is furnished within 15 days from today, then his retiral benefits shall be released in terms of the civil court judgment dated 31.1.1997 (Annexure P-5) within one month thereafter. Disposed of in the aforesaid terms. July 15, 2009 ( SATISH KUMAR MITTAL ) ndj JUDGE