CWP No.11538 of 2007 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH * * * * * CWP No.11538 of 2007 Date of decision : September 9, 2008 * * * * * Brij Bhushan ............Petitioners Versus State of Haryana and others ...........Respondents * * * * * CORAM: HON'BLE MR. JUSTICE M.M KUMAR HON'BLE MR. JUSTICE JORA SINGH * * * * * Present: Mr. Rajinder Goyal, Advocate for the petitioner. Ms. Mamta Singhal Talwar, Assistant Advocate General, Haryana for respondents no. 1 to 3. Mr. Raman B. Garg, Advocate for respondent no.4. * * * * * M.M KUMAR, J. The petitioner has approached this Court with a prayer for the issuance of direction to the respondents to make payment of his retiral benefits i.e pension, provident fund, gratuity and salary w.e.f 1.4.2005 to 31.12.2005 along with interest @ 18% from the date of its accrual till its realisation. CWP No.11538 of 2007 2 In response to notice of motion having been issued, respondent no.4, Municipal Committee, Kalayat has today filed a short written statement. In para 3 of the written statement, it has been asserted that the petitioner has been paid gratuity amounting to Rs. 1,12,770/- along with medical allowance amounting to Rs.7500/- vide cheque No.289514 dated 14.11.2007 drawn on Oriental Bank of Commerce. In para 4, the respondent has further averred that the petitioner has also been paid the difference of arrears of revision of pay scale amounting to Rs.25,230/- on 31.3.2007 on account of retrospective benefit of the revised pay scales, 1998 to the Municipal employees w.e.f 1.1.1996 in 2005. It has also been pointed out that the petitioner was paid pension and commutation of pension by the competent authority i.e respondent no.3 vide its letter dated 13.7.2007 by allotting PPO No.4689. It remains undisputed that the petitioner has not been paid the final payment of General Provident Fund which is payable after sanction of pension as provided in the order dated 23.1.2003 passed by respondent no.3 whereby, the power of payment of General Provident Fund has been delegated to President/Administrator of the Municipalities. It is accepted that the petitioner has also not been paid salary from 1.4.2005 to 31.12.2005 which is the period from the normal date of retirement of the petitioner till the extended date of retirement. However, learned counsel for respondent no.4 has conceded that the date of retirement of the petitioner was extended from 30.4.2005 to 31.12.2005 by the Deputy Commissioner. CWP No.11538 of 2007 3 Mr. Raman B. Garg, learned counsel appearing for respondent no.4, on instructions from Davinder Singh, Secretary, Municipal Committee, Kalayat, has stated that the amount of GPF as well as arrears of salary w.e.f 1.4.2005 to 31.12.2005 shall be paid to the petitioner within a period of four weeks from today. Writ petition stands disposed of in the above terms ( M.M KUMAR ) JUDGE September 9, 2008 ( JORA SINGH ) ritu JUDGE