Omwati And Another v. State Of Haryana And Another

Sr. No.102

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP No.7498 of 2020 (O&M) Date of Decision: 28.05.2020 Omwati and another

...Petitioners

Versus

State of Haryana and another ... Respondents CORAM:- HON'BLE MR. JUSTICE ARUN MONGA Present:- Mr. Chander Shekhar Singhal, Advocate, for the petitioners.

Mr. Hitesh Pandit, Additional A.G., Haryana.

(presence marked through video conferencing) ARUN MONGA, J. (ORAL) 1.

Petitioner herein is stated to be a survivor and widow of an activist/victim of emergency period i.e. 25.06.1975 to 21.03.1977. She seeks issuance of a writ in the nature of mandamus for release of pension with effect from 01.11.2017 @10,000/- per month, in compliance of notification dated 16.04.2018 issued by Government of Haryana. 2.

Notice of motion.

3.

Mr. Hitesh Pandit, Additional A.G., Haryana, who has joined the proceedings, on service of advance copy of petition, accepts notice. He submits that he had a prehearing conference with the concerned department official. As per his instructions, requisite sanction for releasing the amount to the petitioner with effect from 01.11.2017 has already been accorded. However, owing to the pandemic, there is partial lockdown going on and SONU 2020.05.29 12:37 I attest to the accuracy and integrity of this document currently the State Government is under huge financial crunch. He submits

that monthly pension is already being paid to the petitioner and it is only the arrears which are to be remitted. He further submits that he will verify qua the averments in the petition to the effect that the petitioner has not been paid arrears with effect from 01.11.2017 to 31.12.2019 amounting to Rs.2,60,000/- and on such verification, the requisite amount, if found admissible, would be released to her in due course. 4.

In view of the aforesaid, no useful purpose would be served to keep the petition pending as no further proceedings and/or return is required to be filed.

5.

The writ petition is disposed of with a direction to the respondents that let the arrears amount to be paid to the petitioner be verified with effect from 01.11.2017 in terms of the Notification dated 16.04.2018, ibid within a period of 30 days. After the said verification, arrears shall be remitted to the petitioner within a period of 60 days after the lockdown is opened, which is currently stated to be up to 31.05.2020. 6.

Disposed of in above terms.

(ARUN MONGA) 28.05.2020 JUDGE Shalini Whether speaking/reasoned Yes/No Whether Reportable Yes/No SONU 2020.05.29 12:37 I attest to the accuracy and integrity of this document