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2009 Supreme(P&H) 1221

AJAI LAMBA
Harbhajan Singh Riar – Appellant
Versus
State Of Punjab – Respondent


Judgment

Ajai lamba, J.

1. Harbhajan Singh Riar has appropriate this Court by way of filing civil writ petition under Articles 226 & 227 of the Constitution of India praying for issuance of a writ in the nature of mandamus directing the respondent to release the retiral benefits to the petitioner as per Rules applicable. Specific prayer has been made to release of full provisional pension for which the petitioner is entitled and release of payment of leave encashment.

2. Learned counsel for the petitioner contends that pension and payment of leave encashment cannot be withheld by the respondents. Learned counsel in this regard has referred to Rule 9.14 of the Punjab Civil Service Rules, Vol. II reproduced in para No. 8 of the petition. The provisional pension is being paid and payment of leave encashment has been withheld. Learned counsel further states that the claim of the petitioner finds support from Full Bench judgment of this Court rendered in 1993(3) PLR 499, Dr. Ishar Singh v. State of Punjab and Another.

3. Without referring to the facts in detail, learned counsel for the respondent, from the affidavit of Sarabjit Singh, Administrative Officer, Food, Civil Supplies and Cons
















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