IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No. 9036-CAT of 2011 Date of Decision: August 10, 2011 Nasib Singh …Petitioner Versus Union of India and others …Respondents CORAM: CORAM: CORAM: CORAM: HON'BLE M HON'BLE M HON'BLE M HON'BLE MR. JUSTICE M.M. . JUSTICE M.M. . JUSTICE M.M. . JUSTICE M.M. KUMAR KUMAR KUMAR KUMAR HON'BLE M HON'BLE M HON'BLE M HON'BLE MR. JUSTICE . JUSTICE . JUSTICE . JUSTICE GURDEV SINGH GURDEV SINGH GURDEV SINGH GURDEV SINGH Present: Mr. C.L. Premy, Advocate, for the petitioner. Ms. Aakanksha Sawhney, Advocate, for respondent Nos. 1, 3 and 4. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR M.M. KUMAR M.M. KUMAR M.M. KUMAR, J.J.J.J. 1. The petitioner had worked as Machinist since 1963 in the Ordinance Cable Factory, Chandigarh. After rendering 37 years of service he sought voluntary retirement on 31.7.2000. His pension was released. However, his gratuity and the relief concerning computation of pension was withheld on the ground that a criminal case/judicial proceedings were pending against him, inasmuch as, he was named in case FIR No. 130, dated 31.12.1988. Eventually, he was convicted by Judicial Magistrate Ist Class on 21.8.2002 (P-3). His appeal against conviction was dismissed on 27.4.2004 (P-4) and the revision also met the same fate, which was dismissed on 25.3.2009 (P-5). Accordingly, he served the sentence and CWP No. 9036-CAT of 2011 2 thereafter he applied for release of his retiral benefits, which have been withheld on account of pendency of judicial proceedings. 2. It may be true that certain components of the retiral benefits could be withheld on account of pendency of judicial proceedings but after conviction and serving of sentence the respondents are under obligation to pass an order with regard to release of the retiral benefits, which have been withheld. Despite legal notice, dated 15.2.2010 (P-8), sent by the petitioner through his counsel, no decision has been taken. There is no room to entertain any doubt that the respondents are under obligation to pass an order with regard to his retiral benefits, which have been withheld. Therefore, we direct the respondents to take a decision on his legal notice and pass an appropriate order in accordance with law, expeditiously preferably within a period of two months from the date of receipt of a copy of this order. 3. The writ petition stands disposed of in the above terms. 4. A copy of the order be given dasti on payment of usual charges. (M.M. KU (M.M. KU (M.M. KU (M.M. KUMAR) MAR) MAR) MAR) JUDGE JUDGE JUDGE JUDGE (GURDEV SINGH GURDEV SINGH GURDEV SINGH GURDEV SINGH) August August August August 10 10 10 10, , , , 2011 2011 2011 2011 JUDGE JUDGE JUDGE JUDGE PKapoor