High Court of Punjab and HaryanaCWP/4150/2019disposed of

Gurbaksh Kaur v. State Of Punjab And Other

2019-02-15Mr. Justice Harsimran Singh Sethi2 pages

CWP-4150-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-4150-2019 Date of decision: - 15.02.2019 Gurbaksh Kaur ....Petitioner

Versus

State of Punjab and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Harjot Singh Bains, Advocate, for the petitioner. **** HARSIMRAN SINGH SETHI , J. (ORAL) Counsel for the petitioner states that husband of the petitioner, who unfortunately died on 20.06.2010, was entitled for counting of his service, which he rendered from the year 1976 till 1992 with the Punjab Film and News Corporation Limited, for computing retiral benefits.

Counsel for the petitioner further states that after the death of husband of the petitioner on 20.06.2010, the petitioner has only been given benefit for the service which her husband rendered from 1992 till 2010, for computing pensionary benefits. Further, a reliance has been placed on the instructions dated 18.04.2016 (Annexure P-3), which have been issued by the Government of Punjab wherein it has been held that the service rendered in the Corporations and the other State Autonomous Bodies is to be taken into consideration for computing the pensionary benefits.

NARESH KUMAR 2019.02.28 11:10 I attest to the accuracy and integrity of this document Chandigarh

CWP-4150-2019 -2Counsel for the petitioner further states that for the relief which has been sought in the present writ petition, the petitioner has served the respondents with a legal notice on 15.12.2018 (Annexure P-12), which is still pending consideration with the respondents and the petitioner will be satisfied, at this stage, in case a time bound direction is issued to the respondents to decide the said legal notice. In view of the request made, without expressing any opinion on the merits of the case and the claim being made by the petitioner, the respondents are directed to decide the legal notice dated 15.12.2018 (Annexure P-12) by passing a speaking order within a period of three months from the date of receipt of a certified copy of this order. In case after the decision, it is found that the petitioner is entitled for any monetary benefit, the same shall also be released to her within a period of next three months.

Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) February 15, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.02.28 11:10 I attest to the accuracy and integrity of this document Chandigarh