C.O.C.P. No.1836 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.O.C.P. No.1836 of 2009 (O&M) Decided on : 26-11-2009 Rajbir Singh .... Petitioner VERSUS Mr. S.C. Chaudhary & another. .... Respondents CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG. Present:- Mr. B.S. Tewatia, Advocate, for the petitioner. Mr. Pawan Khattak, Advocate, for Mr. Raman B. Garg, Advocate, for the respondents. RAKESH KUMAR GARG, J (Oral). C.M. No.27746-CII of 2009 C.M. is allowed, subject to all just exceptions. Additional affidavit filed on behalf of Sh. Harish Chand Gupta, Secretary, Municipal Committee, Nuh, is taken on record. C.O.C.P. No.1134 of 2009 As per the averments made in this petition, the petitioner filed C.W.P. No.5112 of 2009 for issuance of a direction to the respondents to release his pensionary benefits. The aforesaid writ petition was disposed of vide judgment dated 31.3.2009 by this Court by giving a direction to the Municipal committee to consider and decide the legal notice dated C.O.C.P. No.1836 of 2009 -2- 1.11.2008 issued on behalf of the petitioner. The grievance of the petitioner before this court is that in spite of the aforesaid directions, the respondents have failed to take any action on his notice and have not released his retiral benefits. In response to the show cause notice issued by this Court, reply has been filed on behalf of the Municipal committee, wherein it has been mentioned that the retiral benefits of the petitioner have been released. The relevant paragraph of the aforesaid reply reads as follows:- “ That the deponent however could not pass orders on the legal notice dated 1.11.2008 due to ignorance though necessary pensionary benefits namely total gratuity of Rs.2,95,202/- leave encashment amounting to Rs.1,68,250/- and Provident Fund of Rs.1,79,007/- were released to the petitioner by the end of the month of June 2009 within two months from the receipt of the order dated 31.3.2009 Annexure P-2. Now, on receipt of legal advice, speaking order are also passed on the Legal notice dated 1.11.2008 Annexure P-1 on 21.11.2009. A copy of the speaking order dated 21.11.2009 is appended as Annexure R-2/1 for the kind perusal of this Hon'ble Court.” As per the stand taken by the respondents, the retiral benefits of the petitioner have been released and even speaking order dated 21.11.2009 ( Annexure R-2/1) has been passed. In view of the aforesaid stand taken by the respondents, I am not inclined to proceed further in this contempt C.O.C.P. No.1836 of 2009 -3- petition. Petition stands disposed of. Rule discharged. However, the petitioner shall be at liberty to challenge the aforesaid speaking order (Annexure R-2/1) in accordance with law. 26th November, 2009. (RAKESH KUMAR GARG) Monika JUDGE