IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.7093 of 2010 Date of Decision : April 22, 2010. Manjit Singh .....Petitioner versus State of Punjab and another .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Aman Bansal, Advocate, for the petitioner. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) The petitioner retired as a Sub Divisional Engineer w.e.f. 30.11.2008. His grievance is that neither he has been granted the higher grade w.e.f. 1.1.2007 nor his retiral dues including leave encashment, commutation of pension etc., have been released. The petitioner apprehends that the respondents may rather effect recovery from his retiral dues notwithstanding the Full Bench decision of this Court in Budh Ram and others versus State of Haryana and others, 2009 (3) S.C.T.333. The petitioner has already apprised the respondents with the above-mentioned legal and factual position vide legal notice dated 23.1.2010 (Annexures P-2) but no response thereto has been received so far. C.W.P.No .7093 of 2010 2 Having heard learned counsel for the petitioner and considering the nature of relief sought in this writ petition, I deem it appropriate to dispose of the same with a direction to the respondents to take cognizance of the above-mentioned legal notice served on behalf of the petitioner and redress his grievance within a period of three months from the date of receiving a certified copy of this order. Suffice it to observe that if the petitioner had never mis- represented nor played any fraud or deceived the authorities to claim the monetary benefits, no recovery shall be effected from him as held in Budh Ram's case (supra). Consequently, the retiral benefits shall be released to the petitioner without effecting any recovery, provided that there is no other legal embargo against releasing the pensionary benefits, within the aforesaid stipulated period, failing which the petitioner shall be entitled to interest @ 9% per annum which shall be personally recoverable from the officer/official responsible for the delay. Ordered accordingly. Dasti. April 22, 2010 (SURYA KANT) Mohinder JUDGE