Indrawati v. State Of Haryana And ORS

Sr. No.110

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP No.8217 of 2020 (O&M) Date of Decision: 18.06.2020 Smt. Indrawati

...Petitioner

Versus

State of Haryana and others ... Respondents CORAM:- HON'BLE MR. JUSTICE ARUN MONGA Present:- Mr. Sandeep Sharma,Advocate, for the petitioner.

Ms. Upasana Dhawan, DAG, Haryana.

ARUN MONGA, J. (ORAL) !

!

Inter alia contends that vide impugned order dated 03.10.2011 (Annexure P-11), the petitioner, a widow, has been denied the compassionate grant as her husband died in harness in the year 2012. 2.

Learned counsel for the petitioner further contends that the said impugned order has been passed relying on 2003 Rules, which were later on repealed on 01.08.2006 (Annexure P-4) and yet the petitioner was wrongly denied the benefit.

3.

Learned counsel for the petitioner submits that he is fully conscious of the fact that there has been a delay in filing the writ petition to challenge the impugned order dated 03.10.2011 but submits that petitioner is an uneducated poor widow and has been running from pillar to post in government offices to get the benefit of the financial assistance. Neither she had the money nor proper legal advise to approach this Court on an earlier occasion. 4.

Notice of motion.

5.

Ms. Upasana Dhawan, DAG, Haryana who has joined SONU 2020.06.18 18:32 I attest to the accuracy and integrity of this document proceedings, on service of advance copy of petition, accepts notice on behalf of

State of Haryana! and submits that per her instructions, petitioner has submitted a representation dated 14.01.2020 (Annexure P-12) too belatedly before the competent authority and appropriate orders can be passed on the same. 6.

Given the nature of order being passed, this Court feels that neither any further proceedings are warranted nor any return is required to be filed.

7.

Without expressing any opinion on the merits of the case, the writ petition is disposed of with a direction to respondent No.2 to objectively consider the representation dated 14.01.2020 (Annexure P-12) and also by keeping in view the contentions stated in the present writ petition by treating it as a supplementary representation and pass a speaking order, in accordance with law.

8.

Let the needful be done within a period of three months from today.

9.

It would be appreciated that the competent authority condones the delay on the part of the petitioner in submitting her representation in view of the fact that she is uneducated poor widow and did not have appropriate legal aid available to her to seek redressal of her grievance. 10.

Disposed of in above terms.

(ARUN MONGA) 18.06.2020 JUDGE vandana Whether speaking/reasoned Yes/No Whether Reportable Yes/No !

SONU 2020.06.18 18:32 I attest to the accuracy and integrity of this document