IN THE PUNJAB AND HARYANA HIGH COURT AT 130 SHRI NIWAS DHBVN AND OTHERS CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present: Mr. J.S. Yadav, Advocate None for the petitioner. Ms. Tanisha Peshawaria, DAG, Haryana VINOD S. BHARDWAJ, J. (ORAL) The petitioner has approached this Court respondents to petitioner, which a Encashment and a further prayer to release the aforesaid retiral benefits to the petitioner alongwith interest @18% per annum. 2. Learned Counsel appearing on behalf of the submitted that the petitioner was with the respondent Junior Engineer Divisional Office 04.11.2019, the petitioner has been revert departmental test. The order of reversion ha by way of CWP adjudication. However, the petitioner has retired after attaining the age of IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CWP-11444 Date of Decision: SHRI NIWAS Versus DHBVN AND OTHERS CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ ******* Mr. J.S. Yadav, Advocate None for the petitioner. Ms. Tanisha Peshawaria, DAG, Haryana ******* VINOD S. BHARDWAJ, J. (ORAL) The petitioner has approached this Court respondents to release 100% provisional pension and all retiral benefits of the petitioner, which are withheld by the respondents, except Gratuity and Leave Encashment and a further prayer to release the aforesaid retiral benefits to the petitioner alongwith interest @18% per annum. Learned Counsel appearing on behalf of the d that the petitioner was appointed as Junior Engineer on 22.09.1989 with the respondent-Department. The petitioner was thereafter promoted a Junior Engineer Ist on 19.05.1993. Thereafter, again promoted as Sub Divisional Officer on 05.08.2014, with effect from 31.03.2010. However, on 04.11.2019, the petitioner has been reverted departmental test. The order of reversion had been challenged by the petitioner by way of CWP-33174-2019 and the said writ peti adjudication. However, the petitioner has retired after attaining the age of IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH 11444-2025 Date of Decision: 28.04.2025 ... Petitioner ... Respondents CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Ms. Tanisha Peshawaria, DAG, Haryana. The petitioner has approached this Court seeking directions to the release 100% provisional pension and all retiral benefits of the re withheld by the respondents, except Gratuity and Leave Encashment and a further prayer to release the aforesaid retiral benefits to the petitioner alongwith interest @18% per annum. Learned Counsel appearing on behalf of the petitioner has appointed as Junior Engineer on 22.09.1989 Department. The petitioner was thereafter promoted as on 19.05.1993. Thereafter, again promoted as Sub on 05.08.2014, with effect from 31.03.2010. However, on ed back due to non-passing of been challenged by the petitioner 2019 and the said writ petition is still pending for adjudication. However, the petitioner has retired after attaining the age of VISHAL SHARMA 2025.04.30 16:08 I attest to the accuracy and integrity of this document CWP-11444- superannuation on 31.01.2025 as Junior Engineer the petitioner has been withheld by the respondent due to pending departmental proceedings. dated 19.02.2025 and 12.03.2025 for release of his retiral benefits and provisional pension, however, no action has been taken by the respondent department. 3. Notice of motion. 4. Ms. notice on behalf of the respondents to the aforesaid prayer being granted. 5. Accordingly, without commenting upon the merits of the case, the present petiti Division, DHBVN, Kosli, Rewari/Competent Authority the representation (Annexures P order thereupon in accordance with law preferably within a period of months from the date of receipt of certified copy of this order. 6. Needless to mention that in the event the entitlement of the petitioner is established as per released expeditiously and preferably within a further period of two months. APRIL 28, 202 Vishal Sharma -2025 superannuation on 31.01.2025 as Junior Engineer the petitioner has been withheld by the respondent due to pending al proceedings. The petitioner has submitted his representations dated 19.02.2025 and 12.03.2025 for release of his retiral benefits and provisional pension, however, no action has been taken by the respondent Notice of motion. Ms. Tanisha Peshawaria, DAG, Haryana notice on behalf of the respondents-State and submits that she has no objection to the aforesaid prayer being granted. Accordingly, without commenting upon the merits of the case, the present petition is disposed of and respondent No.4 Division, DHBVN, Kosli, Rewari/Competent Authority representations of the petitioner dated (Annexures P-1 and P-2 respectively) and to pass a reasoned order thereupon in accordance with law preferably within a period of months from the date of receipt of certified copy of this order. Needless to mention that in the event the entitlement of the petitioner is established as per law, the payment due to the petitioner shall be released expeditiously and preferably within a further period of two months. , 2025 (VINOD S. BHARDWA Whether speaking/reasoned Whether reportable -2- superannuation on 31.01.2025 as Junior Engineer (JE). The retiral benefit of the petitioner has been withheld by the respondent due to pending The petitioner has submitted his representations dated 19.02.2025 and 12.03.2025 for release of his retiral benefits and provisional pension, however, no action has been taken by the respondent- Tanisha Peshawaria, DAG, Haryana appears and accepts State and submits that she has no objection Accordingly, without commenting upon the merits of the case, respondent No.4-the X.E.N (OP) Division, DHBVN, Kosli, Rewari/Competent Authority, is directed to decide of the petitioner dated 19.02.2025 and 12.03.2025 and to pass a reasoned and speaking order thereupon in accordance with law preferably within a period of three months from the date of receipt of certified copy of this order. Needless to mention that in the event the entitlement of the law, the payment due to the petitioner shall be released expeditiously and preferably within a further period of two months. VINOD S. BHARDWAJ) JUDGE Whether speaking/reasoned : Yes/No : Yes/No VISHAL SHARMA 2025.04.30 16:08 I attest to the accuracy and integrity of this document