IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** C.W.P. No.13291 of 2011 Date of Decision:17.10.2011 Buta Ram .....Petitioner Vs. State of Punjab and others .....Respondents CORAM:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. H.S. Sethi, Advocate for the petitioner. Ms. Kavita Arora, AAG, Punjab. Mr. Anil Sharma, Advocate for respondent No.4. **** DAYA CHAUDHARY, J.(Oral) The claim of the petitioner in the present petition is for release of retiral benefits which could not be released so far in spite of the fact that the petitioner retired on 31.3.2011 on attaining the age of superannuation. In response to notice of motion, reply has been filed by respondent No.4 in the Court and the same is taken on record. Mr. Anil Kumar Sharma, learned counsel for respondent No.4 submits that the petitioner has been paid all retiral dues, i.e., leave encashment, gratuity, provident fund and also arrears on account of recommendation of 5th Pay Commission. The petitioner has been paid 40% of first instalment as per instructions. An amount of Rs.7,36,562/- has been paid through cheque and the pension case of the petitioner has been returned with certain objections and the same would be paid as soon as the objection is removed. Mr. Sharma further submits that after removal of the objection, the pension shall be released within a period of 15 days thereafter. In view C.W.P. No.13291 of 2011 -2- of the submission and the release of part payment of the retiral benefits, the present petition is disposed of with a direction to the respondents to release the pension on completion of formalities or removing of the objection. The necessary exercise be done within a period of two weeks and the case of pension of the petitioner be sent to the State immediately and State of Punjab is also directed to release the pension of the petitioner within a period of one month thereafter, failing which, the petitioner shall be entitled to the interest at the rate of 9% per annum. The respondents are also directed to release the further instalment in accordance with the instructions issued on 29.12.2010 and in case there is a delay in payment of the dues which is not in accordance with the instructions dated 29.12.2010, the petitioner shall be entitled for interest at the rate of 9% per annum. Learned counsel for the petitioner also submits that the amount of provident fund is also not as per entitlement whereas the amount released is less than the amount which is due to the petitioner. For that, the petitioner is directed to make a representation to respondent No.4 and after consideration on the representation filed by the petitioner, necessary action would be taken by respondent No.4 within a period of two weeks thereafter. Disposed of accordingly. October 17, 2011 ( DAYA CHAUDHARY ) renu JUDGE