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Judgment
Harpreet Singh Brar, J
Prayer in this writ petition filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of mandamus, directing respondent No.1 to decide the representation/legal notice dated 03.07.2007 (Annexure P-2) filed by the petitioner for the release of pensionary benefits including balance amount of gratuity and earned leave, etc.
Learned counsel for the petitioner submits that he would be satisfied if the legal notice dated 03.07.2007 (Annexure P-2) of the petitioner is decided by respondent No.4 by passing a speaking order in a time bound manner.
Learned counsel for the respondents submits that he has no objection, in case a direction is issued to the respondent No.4 for time-bound consideration and decision of the legal notice dated 03.07.2007 (Annexure P-2) of the petitioner by passing a speaking order.
Therefore, in view of the limited prayer made by learned counsel for the petitioner, respondent No.4 is directed to consider the legal notice dated 03.07.2007 (Annexure P-2) of the petitioner and pass a speaking order in terms of the judgment rendered by the Division Bench of this Court in CWP-12820-1999, titled as Jullundur District Co-operative Agricultural Service Societies Employees Union (Regd.) vs State of Punjab and others, decided on 01.10.2010, in which the vires of Rule 19(b) of the Punjab State Co-operative Agricultural Service Societies Service Rules, 1997, was struck down, after affording an opportunity of hearing to the petitioner, within a period of 03 months from the date of receiving a certified copy of this order. Further, the decision taken thereof shall be conveyed to the petitioner. Needless to say, if the petitioner is found entitled to the relief sought, the same shall be granted forthwith to the petitioner with interest @ 6% per annum in view of the judgment rendered by the Full Bench of this Court in A.S. Randhawa Supg. Engineer (Retd.) vs. State of Punjab 1998 (1) SCT 343, by respondent No.4.
Disposed of, accordingly.
