HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.9729 of 2009 (O&M) Date of Decision: 22.03.2011 **** Rajinder Singh AME (Retd.) . . . . 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. HS Manhas, Advocate for the petitioner Ms. Sudeepti Sharma, DAG Punjab Mr. Prem Kumar, Advocate for respondents No.5&6 ***** SURYA KANT J. (ORAL) (1). The petitioner retired as Assistant Municipal Engineer from the Municipal Corporation, Ludhiana w.e.f. 31.08.2007. The misplacement of his Service Book and the consequential non-release of some of the retiral dues has prompted him to approach this Court. (2). On 20.12.2010, it was informed that the retiral benefits have been released except the Gratuity which has been withheld by the State Government due to pendency of enquiry against the petitioner. CWP No.9729 of 2009.doc - 2 – (3). Learned counsel for the petitioner does not dispute that the retiral benefits other than the Gratuity have since been paid. (4). Be that as it may, pursuant to the directions issued by this Court, the State Government has filed an affidavit which is taken on record wherein it is averred that due to non-availability of the original service book, the duplicate service book has been prepared and all the entries have been updated. It is also informed that the departmental proceedings pending against the petitioner are at the final stage and only an order is to be passed. (5). In these circumstances and keeping in view the later development, the writ petition is disposed of with the following directions:- i. the respondents shall ensure that all the entries are duly reflected in the duplicate service book; ii. the disciplinary proceedings are concluded within a period of one month from the date of receipt of a certified copy of this order; iii. subject to final outcome of the disciplinary proceedings, the withheld amount of Gratuity shall be released to the petitioner within a period of one month thereafter. In case any other retiral benefit including the arrears of the 2 CWP No.9729 of 2009.doc - 3 – commuted value of pension, is yet to be released, the same shall also be released within two months thereafter; iv. In case the petitioner earns exoneration in the pending enquiry, he shall be entitled to interest @ 7% per annum; (6). Disposed of accordingly. Dasti. 22.03.2011 vishal shonkar (S u r y a K a n t) Judge 3