In the High Court of Punjab and Haryana at Chandigarh. CWP No. 14465 of 2006 Date of decision:24.03.2009 Girdhari Lal Bansal ... Petitioner Versus State of Punjab and others ... Respondents CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.SS Sodhi, Advocate,for the petitioner. Ms.Charu Tuli, Senior DAG, Punjab. PERMOD KOHLI, J. (Oral): The petitioner has filed this petition for retiral benefits on the basis of the order dated 16.09.1954 (Annexure P-1) which is the appointment letter of Girdhari Lal Bansal C/o L. Banka Ram Harbans Lal, Cloth Merchant, Sangrur. He has also relied upon seniority list as circulated vide circular dated 31.1.1983 (Annexure P-2) wherein the name of the petitioner is shown at Serial No.10. In the tentative seniority list, the date of birth of the petitioner is shown as 3.2.1933. The petitioner claims that he retired in 1991. The petitioner has placed on record some representations stated to be made by him which are annexed as Annexures P-3 to P-5. A legal notice dated 29.04.2006 (Annexure P-6) was also served upon the respondents. Vide a CWP No.14465 of 2006 -2- communication dated 30.6.2006 (Annexure P-9), the Chief Engineer PWD, B&R Branch, Patiala, forwarded the notice of the petitioner to the Superintending Engineer, Construction, Area -I, Public Works Department, B & R, Branch, Patiala, for information and necessary action. The claim of the petitioner for retiral benefits has been seriously contested by the respondents on the ground that the petitioner has not placed on record any material to show that he was employee of the State of Punjab. Though it is admitted that one Girdhari Lal was working in the PWD (B&R) Branch, yet it is contended on behalf of the respondents that the petitioner has filed this petition after a gap of forty years. I have heard the learned counsel for the parties at length. It is settled law that pensionary/retiral benefits can be claimed by a public servant at any stage as it gives a recurring cause of action. It is not a bounty to be given by the State. These benefits are earned by a public servant on account of rendering of service to the State. Therefore, the retiral benefits cannot be denied. However, in the present case, the identify of the petitioner is in question. Neither the respondents have conducted any enquiry nor any opportunity has been afforded to the petitioner to establish his identity as an ex-public servant to claim retiral benefits. In view of the above, this petition is disposed of with a CWP No.14465 of 2006 -3- direction to the respondents to hold an enquiry regarding the right and entitlement of the petitioner for the pensionary/retiral benefits as an ex- employee of the state. Respondent No.2 is directed to appoint Enquiry Officer. The petitioner shall also be associated in the enquiry. The Enquiry Officer so appointed shall grant sufficient opportunity to the petitioner to establish his identity and the claim in question. The Enquiry Officer shall communicate to the petitioner the date, time and place for holding the enquiry. If the petitioner intends to summon any government record to establish his identity as an ex-employee of the State, the Enquiry Officer shall facilitate and will call for such record for his examination. Let the enquiry be concluded within a period of four months from the date a certified copy of this order is made available to the competent authority. The pensionary/retiral benefits shall be subject to the outcome of the report of the Enqiry Officer. Needless to say the petitioner shall remain present during the enquiry and if he failed to appear before the Enquiry Officer, the Enquiry Officer shall be at liberty to complete the enquiry ex-parte, within the time stipulated above. Learned counsel for the petitioner has stated that the petitioner may be communicated at the following address:- Mr.S.S.Sodhi, Advocate, Kothi No.1362 Sector 34-C, Chandigarh. CWP No.14465 of 2006 -4- The Enquiry Officer shall inform the petitioner at the above address of his counsel mentioned above. It shall be the responsibility of the petitioner to approach the Enquiry Officer on the date, time and place so fixed for the enquiry. 24.03.2009 (PERMOD KOHLI) BLS JUDGE Note: Whether to be referred to the Reporter? NO