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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Harpreet Singh Brar, J
Gurdip Singh – Appellant
Versus
Punjab State Water Resources Management and Development Corporation Limited – Respondent
| Table of Content |
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| 1. factual background involving recovery of retiral dues and claim for enhanced gratuity. (Para 1 , 2 , 3 , 4 , 5) |
| 2. the doctrine of delay and laches prevents judicial review of old recovery orders. (Para 6) |
| 3. the payment of gratuity act overrides departmental constraints on gratuity enhancement. (Para 7) |
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HARPREET SINGH BRAR, J. (Oral)
1. The present writ petition has been instituted under Articles 226/227 of the Constitution of India, seeking issuance of an appropriate writ in the nature of certiorari for quashing the impugned office orders dated 17.07.2013 (Annexure P-3) and 08.08.2019 (Annexure P-4), to the extent they effect recovery of Rs.60,297/- from the leave encashment of the petitioner. The petitioner further prays for issuance of a writ in the nature of mandamus directing the respondents to refund the total recovered amount of Rs.80,297/-, comprising Rs.20,000/- deducted from salary and Rs.60,297/- from leave encashment, along with consequential relief of release of the balance amount of enhanced gratuity. A further direction is sought for payment of arrears of salary pursuant to implementation of the Sixth Pay Commission w.e.f. 01.01.2016, along with
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