CWP No.15076 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.15076 of 2009 Date of Decision: 02.03.2010 **** Samarjit Singh . . . . Petitioner VS. State of Punjab and others . . . . 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. Avneesh Jhingan, Advocate for the petitioner Ms. Charu Tuli, Sr. DAG, Punjab ***** SURYA KANT J. (ORAL) (1). The petitioner has retired from the post of Joint Excise and Taxation Commissioner, Government of Punjab w.e.f. 31st March, 2009 after attaining the age of superannuation. He seeks a mandamus to direct the respondents to pay the pensionary benefits including pension, leave Encashment, Gratuity and relief of Commutation of Pension etc. (2). The respondents have filed their counter-affidavit wherein it is averred that the provisional pension has already been sanctioned and released in favour of the petitioner vide order dated 07.10.2009. Similarly, full CWP No.15076 of 2009.doc - 2 – GPF amount of Rs.3,40,134/- is said to have been paid to him vide Cheque No.587524 dated 02.09.2009. As regards the other retiral benefits, it is averred that there are three show cause notices/explanations issued under the Punjab Civil Services (Punishment and Appeal) Rules, 1970, which are still pending consideration before the competent authority containing allegations of alleged loss of revenue caused by the petitioner. (3). On the other hand, it is stated that the petitioner has neither received the GPF amount nor the order sanctioning the provisional pension. (4). Having heard learned counsel for the parties and on perusal of the record, I deem it appropriate to dispose of this writ petition with the following directions:- i. if the petitioner has not been delivered the Cheque No.587524 dated 02.09.2009 towards arrears of GPF amount, the same shall be (after re-validation, if so required) handed over to him within a period of one week from the date of receipt of certified copy of this order; CWP No.15076 of 2009.doc - 3 – ii. the provisional Pension Payment Order dated 07.10.2009 be also handed over to the petitioner and arrears thereof, from the due date, be paid to him within a period of two weeks from the date of receipt of a certified copy of this order; iii. final decision on the two show cause notices and one explanation said to be pending consideration before the competent authority, be taken in accordance with law and upon consideration of the reply submitted/to be submitted by the petitioner as early as possible but not later than 31.05.2010. (5). In case the petitioner is exonerated and the show cause notices etc. are dropped, the withheld retiral benefits of the petitioner shall also be released by 30.06.2010 (6). Ordered accordingly. Disposed of. (7). Dasti . (SURYA KANT) JUDGE 02.03.2010 vishal shonkar