IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 4540 of 2009 Date of Decision: 23.3.2009 Jaswinder Singh ---Petitioner Vs. State of Punjab and others ---Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. R.C. Chatrath, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) Notice of motion. Mr. B.S. Chahal, DAG, Punjab has been asked to accept notice on behalf of respondent-State. Two sets of complete paper book be furnished to Mr. Chahal during the course of the day. Keeping in view the relief claimed, this petition is disposed of at the motion stage. The petitioner was compulsorily retired on 5.8.2006. His grievance is that the pension, GPF and leave encashment have not been released to him. However, it is admitted that a criminal case is pending against the petitioner. He was convicted and appeal against the order of conviction is pending in the High Court. In the said appeal, sentence of the petitioner has been suspended. Petitioner has also served legal notice dated 12.6.2008 (Annexure P-6) but no decision has been taken thereon. The petitioner is at least entitled to the provisional pension. CWP No. 4540 of 2009 -2- This petition is accordingly disposed of with a direction to the respondents to take decision on the legal notice of the petitioner and if, there is no legal impediment, release the admissible retiral benefits to the petitioner within a period of three months from the date certified copy of this order is served upon the competent authority. In case the claim of the petitioner is to be rejected on any valid ground, it shall be by a reasoned and speaking order. Disposed of as such. (PERMOD KOHLI) JUDGE 23.3.2009 lucky