C.W.P. No.17823 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.17823 of 2011 Date of Decision: 22.09.2011 Sukhdev Raj ....Petitioner Versus Food Corporation of India and others ...Respondents CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Ms. Ravinder Kaur Manaise, Advocate for the petitioner. ***** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? ** NIRMALJIT KAUR, J. (ORAL) This is a petition under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to fix the pay of the petitioner on notional basis on revised pay scale w.e.f. 01.01.2007 and to release the arrears of difference in pay on account of revised pay scale, gratuity, leave encashment and selection grade along with interest @ 12% per annum on account of delayed payment. Contends that the petitioner retired as Assistant Grade-1 (Depot) from the District Office, Gurdaspur on 30.09.2010 after attaining the age of superannuation. He has a clean service record and there is no departmental or vigilance enquiry is pending against him. In spite of that, his complete retiral benefits on revised pay scale have not been released. Neither his pay has been fixed on notional basis on revised pay scale w.e.f. C.W.P. No.17823 of 2011 2 01.01.2007 nor other benefits have been released to him. Accordingly, he filed a representation dated 29.06.2011 (Annexure P-1) and legal notice dated 02.08.2011 (Annexure P-2). Respondent no.3 vide letter dated 06.09.2011 (Annexure P-3) intimated the petitioner that his claim has already been forwarded to respondent No.2 which is a competent authority. However, even after a lapse of 1 ½ months, neither any reply has been received from the respondents nor any step has been taken to release the benefits. In view of the above, the present petition is disposed of with a direction to respondent No.2, who is the competent authority, to decide the representation dated 29.06.2011 (Annexure P-1) and legal notice dated 02.08.2011 (Annexure P-2) as expeditiously as possible preferably within one months from the receipt of a copy of this order. However, in case, the petitioner is found entitled for the said benefit, the same shall be released forthwith. In case, the claim of the petitioner is to be rejected, the same shall be by passing a speaking order. (NIRMALJIT KAUR) 22.09.2011 JUDGE gurpreet