Lalita Devi v. Pawan Kapoor Md Punjab Water Resources Management And Development Corporation Ltd

COCP-2179-2025 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (105) COCP-2179-2025 (O&M) Date of decision:- 15.05.2025 Lalita Devi

...Petitioner

Versus

Pawan Kapoor

...Respondent

CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr.A.S.Walia, Advocate, for the petitioner. SUVIR SEHGAL, J. (Oral) CM-9798-CII-2025 1.

Application is allowed, as prayed for.

2.

Memorandum of Parties of CWP-12351-2019, is taken on record as Annexure P-2.

COCP-2179-2025 3.

Petitioner has approached this Court alleging violation of direction dated 16.11.2022, Annexure P-1, passed by the writ Court in CWP-123512019. 4.

Counsel for the petitioner states that two-fold directions, Annexure P1, were issued, wherein respondent was directed to consider the claim of the petitioner for grant of compassionate appointment to one of the family members of the deceased. He states that petitioner, who is widow of the deceased, has been granted compassionate appointment on the post of peon. He asserts that the second direction regarding payment of retiral dues, pension, etc., have not been complied with.

PARDEEP NAUTIYAL 2025.05.15 17:32 I attest to the accuracy and authenticity of this order/judgment

COCP-2179-2025 (O&M) -25.

Advance copy of the petition has been served upon the respondent. 6.

Mr. Aman Sharma, Advocate, has put in appearance on behalf of the respondent. He has placed on record a compliance report by way of affidavit of respondent, which is taken on record. By making a reference to the compliance affidavit, counsel for the respondent states that pursuant to direction, Annexure P-1, ex-gratia, gratuity, leave encashment and subsistence allowance has been paid to the petitioner in the months of April and May, 2023. He has also made a reference to Office Order dated 05.10.2023, Annexure A-4, to submit that as petitioner's husband remained absent during the suspension period from 11.03.2006 till 28.12.2017 (till his death) and never submitted his attendance, claim of suspension allowance was not considered. He has categoric instructions to state that service with Punjab Water Resources Management and development Corporation, SAS Nagar, is not pensionable. 7.

Counsel for the petitioner submits that a copy of office order, Annexure A-4, was never supplied to the petitioner. At this stage, he seeks and is granted permission to withdraw the contempt petition with liberty to take recourse to challenge office order, Annexure A-4. 8.

Dismissed as withdrawn with liberty as aforesaid. (SUVIR SEHGAL) JUDGE 15.05.2025 Pardeep Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No PARDEEP NAUTIYAL 2025.05.15 17:32 I attest to the accuracy and authenticity of this order/judgment