IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 320 of 2010 Date of Decision: 12.1.2010. Ram Avtar --Petitioner Versus State of Haryana and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. R.N. Sharma, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) Notice of motion. Mr. R.K.S. Brar, Addl. A.G., Haryana has been asked to accept notice on behalf of respondents-State. The petitioner was initially appointed as Clerk in the year 1971. In the year 1987 he was served with a charge sheet under Rule 7 of the Haryana Civil Services (Punishment & Appeal) Rules, 1987. His services were terminated on completion of the inquiry. An appeal preferred by him also resulted in dismissal. The petitioner, however, raised the industrial dispute and award dated 11.8.2004 was passed in his favour, whereby the punishment imposed has been held invalid and petitioner was ordered to be reinstated with continuity of service and 50% back wages from the date of demand notice. In compliance to the award the petitioner was allowed to join the duties on 7.3.2005. Vide order dated 7.7.2008 the pay of the petitioner was fixed and period in question was also regularized with 50% back wages. The petitioner was also granted promotion as Statistical Assistant vide order dated 8.9.2008. Petitioner retired on 31.12.2008 on attaining the age of superannuation. The grievance of the CWP. No. 320 of 2010 -2- petitioner is that he has not been paid pension, gratuity and other retiral benefits for want of condonation of period w.e.f. 15.6.1994 to 18.10.2004. The petitioner has placed on record letter dated 18.2.2009 from the Transport Commissioner to the Financial Commissioner & Principal Secretary to Govt. for condonation of the aforesaid period. However, the matter remained pending and till date neither the petitioner has been granted the retiral benefits nor the period in question has been settled. Having failed to receive the retiral benefits, this petition has been filed seeking a direction for payment of pension and other retiral benefits and also for settlement of the period, referred to above. The petitioner also claims the benefit of 3rd ACP as permissible under rules. In view of the nature of relief claimed, this petition is disposed of at the motion stage itself with the following directions to the respondents:- 1. To settle the period mentioned herein above. 2. To consider the claim of the petitioner for ACP in accordance with law. 3. To finalize the pensionary and other retiral claims of the petitioner. The entire exercise shall be completed within a period of four months from the date certified copy of this order is served upon the competent authority. The petitioner shall be entitled to the statutory interest on G.P.F and death-cum-retirement gratuity. If, the claim of the petitioner is not settled within the aforesaid period, the petitioner shall be entitled to further interest @ 6% on expiry of four months. (PERMOD KOHLI) JUDGE 12.1.2010. lucky