IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 3129 of 2009 Date of Decision: 27.2.2009. Ram Rakha Singh ---Petitioner Vs. State of Punjab and others ---Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- None. *** PERMOD KOHLI.J (ORAL) The petitioner served in army w.e.f. 20.1.1964 to 11.9.1967. After his retirement from army he was appointed as a Peon in the Excise and Taxation Department on 13.6.1974. Petitioner raised a dispute regarding his date of birth and filed CWP No. 7379 of 2005 in this Court, which was disposed of vide order dated 12.5.2005. Petitioner filed a Civil Suit regarding correction of his date of birth, which is still pending. In the meantime, the petitioner retired on the basis of his recorded date of birth on attaining the age of 60 years vide order dated 31.1.2006 (Annexure P-1). The grievance of the petitioner is that even though he has been retired, his retiral benefits like P.F., Gratuity, Leave Salary, Ex-gratia and Group Insurance etc have not been paid to him. The petitioner also served a legal notice dated 14.11.2008 but no decision has been taken thereon. Keeping in view the nature of the relief claimed, this petition is disposed of with a direction to respondents to take a decision on the legal notice of the petitioner within a period of three months and his admitted CWP No. 3129 of 2009 -2- retiral benefits be released notwithstanding the pendency of the Civil Suit, however, on disposal of the Civil Suit, the final decision regarding retiral benefits be taken depending upon the outcome of the Civil Suit. The petitioner shall also be entitled to the statutory interest, wherever payable. All the claims of the petitioner shall be settled and paid within the aforesaid period of three months. In the event, the claim of the petitioner is to be rejected, it shall be by a reasoned and speaking order. (PERMOD KOHLI) JUDGE 27.2.2009 lucky