Surinder Kaur v. State Of Punjab And Others

CWP-4157-2021

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-4157-2021 Date of decision: 23.01.2025 Surinder Kaur

...Petitioner

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :

Mr. V.K. Shukla, Advocate for the petitioner.

Mr. Amarpreet Singh Bains, AAG, Punjab.

***** AMAN CHAUDHARY, J. (Oral) 1.

Prayer made in the present petition is for declaring the action of respondent Nos.3 and 4 being Pension Disbursing Authority in reducing the Family Pension of the petitioner from Rs.16,624/- to that of 11,792/- per month from July 2019 onwards.

2.

Learned counsel submits that the husband of the petitioner, who retired as Block Development and Panchayat Officer on 31.03.2002, had passed away on 19.10.2015. Thereafter, family pension was being released to the petitioner, which was reduced in July 2019, without there being any show cause notice issued or affording any opportunity of hearing. Learned counsel makes a reference to paras 2 and 3 of the short reply dated 25.10.2023 by way of affidavit of Arpna Kumar, Under Secretary to Govt. of Punjab, Department of Rural Development and Panchayats, Punjab, which read thus:- "2. That the family pension of the Petitioner has been arbitrarily reduced by Respondent No.3 and 4 without any notice to the Petitioner and without consents or orders of the Respondent no. 1 and 2. It is worthwhile to mention here that no communication has been done so far by Respondent No. 1 and 2 with Respondent No. 3 and 4.

3. That it is duty of the Respondent No.3 and 4 to restore the original pension of the Petitioner from July 2019 and to revise it according to instructions of the government from time to time." HAMANT 2025.01.25 14:51 I attest to the accuracy and integrity of this document

CWP-4157-2021 3.

The aforesaid facts having been brought out, during the course of hearing, learned State counsel, on instructions, states that the matter shall be taken up with respondent No.3-Punjab National Bank by the department including grant of interest @6% per annum and would also consider the grant of additional quantum of family pension payable at the age of 65 and 70 years as per the notification dated 22.12.2011, Annexure P-4, within a period of 3 months, which satisfies the learned counsel for the petitioner. 4.

The matter stands disposed of accordingly and if the petitioner is found entitled, grant the benefit forthwith. Needless to say, if the orders are adverse to her interest, the same may be passed after granting opportunity of hearing to her and shall contain reason, whereupon she shall be free to seek legal redress thereupon.

(AMAN CHAUDHARY) JUDGE 23.01.2025 Hemant Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No HAMANT 2025.01.25 14:51 I attest to the accuracy and integrity of this document