COCP No.153 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.O.C.P.No.153 of 2009 Date of Decision:-19.8.2009 Hardev Singh Billing ...Petitioner Versus Mrs.Anjali Bhawra and others ...Respondents CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG Present: Mr.Jaideep Verma, Advocate for the petitioner. Mr.M.C.Berry, Additional Advocate General, Punjab. Rakesh Kumar Garg, J. (Oral): As per the averments made in this petition, the petitioner took premature retirement with effect from 30.6.2007. However, the respondents failed to take a decision with regard to payment of his pensionary benefits. He served a legal notice in this regard. Thereafter, the petitioner filed CWP No.7286 of 2008, which was disposed of by this Court vide judgment dated 5.5.2008 whereby the respondents were directed to take a final decision by passing a speaking order on his legal notice, which was attached as Annexure P7 with the aforesaid writ petition. It is the further case of the petitioner that in spite of the aforesaid directions, the respondents failed to take a final decision on his legal notice and, therefore, he filed COCP No.1296 of 2008 in this Court. In reply to the show cause notice issued by this Court in that contempt petition, on 31.10.2008, learned counsel for the COCP No.153 of 2009 2 respondents handed over two cheques amounting to Rs.3,45,060/- and 31,936/- towards the payment of Leave Encashment and Insurance Scheme to the petitioner. The aforesaid contempt petition was disposed of by this Court observing that on completion of certain formalities, the respondents shall issue necessary order for release of pension and gratuity. The present contempt petition has been filed by the petitioner alleging the disobedience of the aforesaid order dated 31.10.2008 passed by this Court in COCP No.1296 of 2008. In response to the show cause notice issued by this Court, reply by way of short affidavit of respondent No.4 has been filed wherein it has been submitted that the directions issued by this Court on 31.10.2008 have been complied with vide Annexures R4/1 to R4/3 and final orders with regard to the release of pension and gratuity have been passed and an amount of Rs.3 lacs with respect to the gratuity was released to the petitioner. However, an amount of Rs.50,000/- was withheld by the respondents due to the pendency of a departmental enquiry regarding embezzlement of funds vide Annexure R-4/3. It is the contention of the learned counsel for the petitioner that the order passed by this Court on 31.10.2008 has not been complied with as the amount of Rs.50,000/- could not be withheld from his gratuity amount. Be that as it may, since the respondents have passed the orders with regard to payment of pension and gratuity to the petitioner, I am not inclined to proceed further with this petition. COCP No.153 of 2009 3 Rule discharged. However, the petitioner shall be at liberty to seek an appropriate remedy in accordance with law by challenging the order Annexure R4/3 attached with the reply of respondent No.4. 19.8.2009 (Rakesh Kumar Garg) AS Judge