Civil Writ Petition No. 19077 of 2011 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Civil Writ Petition No. 19077 of 2011 Date of Decision : 12.10.2011 Joginder Singh Hooda .......... Petitioner Versus State of Haryana & others ...... Respondents CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present : Mr. Sandeep K. Sharma, Advocate for the petitioner. **** AUGUSTINE GEORGE MASIH, J. (ORAL) It is the contention of the counsel for the petitioner that the petitioner, who is husband of Smt. Saroj Hooda, who was working as an Associate Professor in the Govt. College for women, Rohtak, when she expired on 19.12.2010 and he being the husband had sought the payment of retiral benefit and other benefits, which the petitioner would be entitled to along with his son Rahul Hooda, has not been granted, although some payments have been made to him. He contends that his son Rahul Hooda had given an affidavit dated 29.12.2010 that all the remaining benefits be paid to his father i.e. Joginder Singh Hooda. Despite making representation when the payments were not made a legal notice dated 15.7.2011 (Annexure P-2) was served upon the respondents but no decision has been taken thereon. Principal of Govt. College for Women, Rohtak has responded to the legal notice vide his letter dated 15.9.2011 (Annexure P- 3) where also he has washed his hands by stating that the decision is to be taken by the Director General Higher Education Haryana Panchkula and till such a decision is taken, no payment is to be given to the petitioner. Civil Writ Petition No. 19077 of 2011 -2- Counsel for the petitioner further contends that the difficulties are being posed by Mr. Ram Kirti Arora, Principal Government College for Women, Rohtak-respondent No.4. He, however, contends that the petitioner would be satisfied if a direction is issued to the Director, Directorate of Higher Education Haryana to consider and decide the legal notice dated 15.7.2011 (Annexure P-2) within some specified time. The relief would be granted to the petitioner in the light of the response given by respondent No.4 dated 15.9.2011 (Annexure P-3). Without going into the merits of the case or commenting thereon the present writ petition is disposed of with a direction to the Commissioner-cum-Director, Directorate of Higher Education Haryana, Siksha Sadan, Sector 5, Panchkula-respondent No.2 to consider the legal notice dated 15.7.2011 (Annexure P-2) within a period of one month from the date of receipt of certified copy of this order and pass a speaking order thereon, in case any claim of the petitioner is to be rejected. In case, the petitioner is held entitled to the benefits claimed therein the consequential benefits be released to him within a further period of two months. 12.10.2011 (AUGUSTINE GEORGE MASIH) 'sp' JUDGE