In the High Court of Punjab and Haryana at Chandigarh CWP No. 5731 of 2007 Date of decision:30.7.2008 Head Constable Buta Singh ......Petitioner Versus State of Punjab and others .......Respondents CORAM: HON'BLE MR.JUSTICE M.M.KUMAR HON'BLE MRS. JUSTICE SABINA Present: Mr.R.S.Sharma, Advocate, for the petitioner. Ms.Charu Tuli, Sr.DAG, Punjab. **** JUDGMENT M.M.KUMAR, J. The prayer made in the instant petition is for issuance of directions to the respondents to grant and release pension and other pensionary benefits to the petitioner by holding that the observation made by the Accountant General (A&E), Punjab-respondent No.4 in its letter dated 1.3.2007 (P-2) are contrary to law. During the pendency of the instant petition, the petitioner has come across an order dated 12.1.2001. According to the aforementioned order the offending order passed against the petitioner on 20.11.1992 forfeiting his one year's service with permanent effect has been withdrawn. Accordingly the very basis of the impugned order dated 1.3.2007 (P-2) is withdrawn. According to order dated 12.1.2001, there is Regular Second Appeal bearing No.2529 of 1998, which is pending before this Court and in the order it has been observed that dues in CWP No. 5731 of 2007 -2- consequence of the judgment would be disbursed after final decision in RSA No.2529 of 1998. When the matter came up for consideration we brought the aforementioned facts to the notice of the learned State counsel, who had sought time to seek instructions. At the resumed hearing, Ms.Charu Tuli, learned State counsel, after receiving instructions from Sukhdeep Kaur, Junior Assistant in the office of Government Railway Police, Patiala- respondent No.2, has stated that only those benefits would be withheld which are in dispute on account of withholding of one year's service and none else. In other words the statement implies that the petitioner shall be given all other benefits which are due to him. The petitioner shall file an affidavit to the aforementioned effect within one week before respondent No.2. In view of above, the writ petition is disposed of. The respondents are directed to release all other benefits to the petitioner within a period of three weeks from the date a certified copy of this order is produced before respondents and the petitioner shall file an affidavit within one week as already observed in the preceding para. (M.M.KUMAR) JUDGE (SABINA) JUDGE July 30, 2008 anita