HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.9628 of 2010 (O&M) Date of Decision: 05.09.2011 **** Dr. Rajinder Singh Chawla . . . . Petitioner VS. State of Punjab & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers 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? **** Present: Mr. Sharwan Sehgal, Advocate for the petitioner Mr. BS Chahal, DAG Punjab **** SURYA KANT, J. (ORAL) (1). The petitioner who retired from the Health and Family Welfare Department, Government of Punjab seeks a direction for the release of his retiral benefits and arrears of the new pay-scale along with interest. (2). It appears that petitioner was placed under suspension pursuant to the registration of FIR No.13 dated 09.04.2003 on the basis of which his retiral benefits were also withheld. (3). During the course of hearing, it is not disputed that the above-stated FIR has been quashed by the Hon’ble Supreme Court vide judgement dated 28.04.2011 reported at Dr. Kanwarjit Singh Kakkar v. State of Punjab & Ors., JT 2011 (5) SC 214. CWP No.9628 of 2010.doc - 2 – (4). Since the very basis for withholding the service or retiral benefits, namely, pendency of the criminal case has disappeared with the quashing of the FIR by the Apex Court, it is imperative upon the respondents to consider the claim of the petitioner for the release his retiral dues. (5). The writ petition is accordingly disposed of with a direction to the respondents to grant the retiral dues/benefits to the petitioner from the due date, within a period of three months from the date of receipt of a certified copy of this order failing which the petitioner shall be entitled to interest @ 7% per annum. (6). Ordered accordingly. Dasti. 05.09.2011 vishal shonkar (S u r y a K a n t) Judge