High Court of Punjab and HaryanaCWP/7253/2019disposed of

Parveen Kumar v. State Of Haryana And ORS

2019-05-10Mr. Justice Harsimran Singh Sethi2 pages

CWP-7253-2019 (O&M) -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-7253-2019 (O&M) Date of decision: - 10.05.2019 Parveen Kumar ....Petitioner

Versus

State of Haryana and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Jagdish Manchanda, Advocate for the applicant-petitioner.

**** HARSIMRAN SINGH SETHI , J. (ORAL) CM-6663-CWP-2019 Application is allowed, as prayed for.

CM-6664-CWP-2019 Application is allowed, as prayed for.

Instructions/notifications dated 28.02.2013, 18.11.2005 and 24.11.2006 (Annexures P-19 to P-21) are taken on record. CM stands allowed.

CWP-7253-2019 Counsel for the petitioner contends that petitioner is entitled for the benefit under the Haryana Compassionate Assistance to the Dependents of the Deceased Government Employees Rules, 2006 (for short 'Rules of 2006') as his father is missing since 10.03.1998. NARESH KUMAR 2019.05.13 12:30 I attest to the accuracy and integrity of this document Chandigarh

CWP-7253-2019 (O&M) -2Counsel for the petitioner further contends that as per the Rules of 2006, an employee, who is missing from more than seven years and an FIR to this effect was lodged, will be entitled for the benefit and all the requirements under the Rules of 2006 are being fulfilled by the petitioner so as to claim the relief under 2006 Rules. Counsel 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 29.01.2019 (Annexure P-17), 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 or the claim being made by the petitioner, the respondents are directed to decide the legal notice dated 29.01.2019 (Annexure P-17) 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 him within a period of next three months.

Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) May 10, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.05.13 12:30 I attest to the accuracy and integrity of this document Chandigarh