CWP No.97 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.97 of 2010 Date of Decision: 13.10.2010 **** Sandeep Kumar ... 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. RK Dadwal, Advocate for the petitioner Mr. H.S. Brar, Addl. AG Punjab Mr. Anil Kumar Sharma, Advocate for respondents No.4&5 ***** SURYA KANT J. (ORAL) (1). The petitioner who retired as a Clerk from the Municipal Council, Dhariwal on attaining the age of superannuation w.e.f. 31.10.2009, seeks directions for the release of his retiral benefits like Pension, Provident Fund, Gratuity, Leave Encashment etc. along with interest with a further direction to the respondents to make payment of the medical bill(s) which too have not been reimbursed. (2). In deference to order dated 14.09.2010, Mr. Anil Kumar Sharma, learned counsel for respondents No.4&5 states that all the retiral dues have been paid to the petitioner and if anything is left out, the respondents would disburse the same also as soon as it is pointed out. CWP No.97 of 2010.doc - 2 – (3). Learned counsel for the petitioner states that no interest @ 7% has been paid on the arrears of pension nor the revised pension after implementing the 5th Pay Commission has been granted. Similarly, one Medical bill of the petitioner is yet to be reimbursed. There is some difference in calculation of the arrears of Provident Fund also. (4). Having regard to the fact that substantial part of the retiral dues has been paid to the petitioner, I deem it appropriate to dispose of this writ petition with a direction to the respondents to release the arrears of interest @ 7% per annum, as already directed vide order dated 14.09.2010 along with the arrears of medical reimbursement within a period of two months from the date of receipt of a certified copy of this order. (5). As regards the difference in the amount of Provident Fund, the petitioner shall be at liberty to make a representation which shall be considered by the respondents in accordance with law/Rules, forthwith. (6). Similarly, the respondents shall determine the petitioner’s entitlement regarding the revised pay scale (s) as well as the revised pension and arrears thereof on the basis of recommendations of the 5th Pay Commission and whatever is found due shall also be released in his favour within a period of two months from the date of receipt of a certified copy of this order as per the Instructions/Policy. CWP No.97 of 2010.doc - 3 – (7). Ordered accordingly. Dasti. 13.10.2010 vishal shonkar (SURYA KANT) JUDGE