High Court of Punjab and HaryanaCWP/15677/2022disposed of

Jasvir Kaur v. State Of Punjab And Others

2022-07-22Mrs. Justice Lisa Gill2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-15677-2022 Date of decision : July 22, 2022 JASVIR KAUR .....Petitioner

Versus

STATE OF PUNJAB AND OTHERS ....Respondents CORAM:- HON'BLE MRS. JUSTICE LISA GILL

Present:

Mr. Naveen Batra, Advocate for the petitioner. Ms. Maloo Chahal, DAG, Punjab.

Mr. G.S. Bhullar, Advocate for respondent No. 3. *** LISA GILL, J.

Prayer in this petition is for directing the respondents to release arrears of pension, gratuity, leave encashment, arrears of salary and other terminal benefits alongwith interest on delayed payments and to consider/count the service of the petitioner from November, 1995 for the purpose of pensionary benefits. Petitioner's husband, it is submitted, had joined the respondent - Department in November, 1995 and his services were regularized in the year 2001, therefore for the purpose of pensionary benefits his service has to be counted from November, 1995 itself. It is further submitted that petitioner's husband, who was working as Panchayat Secretary with the office of respondent No. 3, passed away on 29.07.2020 while in serving after serving the department for 24 years. However, benefits due to the petitioner are not being released. In RITU SHARMA 2022.07.26 11:17 I attest to the accuracy and integrity of this document

CWP-15677-2022 -2this respect, legal notice dated 27.04.2022 has been submitted by the petitioner but to no avail.

At this stage, learned counsel for the petitioner restricts the prayer for a decision on legal notice dated 27.04.2022 (Annexure P1), submitted by the petitioner, in a time bound manner.

Notice of motion.

Ms. Maloo Chahal, DAG, Punjab accepts notice on behalf of respondents No. 1 and 2. Advance copy of writ petition stands supplied. At this stage, Mr. G.S. Bhullar, Advocate appears on behalf of respondent No. 3 and accepts notice on its behalf. Learned counsel for the respondents do not raise serious objection to the restricted prayer addressed.

Keeping in view the limited prayer addressed, facts and circumstances of the case but without expressing any opinion on the merits thereof, this writ petition is disposed of with a direction to the competent authority, to decide legal notice dated 27.04.2022 (Annexure P1) by passing a speaking order, within three months from the date of receipt of certified copy of this order. Amount, if any, found due to the petitioner be released within two months thereafter.

(LISA GILL) July 22, 2022 JUDGE rts Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No RITU SHARMA 2022.07.26 11:17 I attest to the accuracy and integrity of this document