Indrawati v. State Of Haryana & ORS

CWP No.1345 OF 2016 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.1345 OF 2016 DECIDED ON: FEBRUARY 12, 2018 INDRAWATI .....PETITIONER

VERSUS

STATE OF HARYANA AND OTHERS .....RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASPAL SINGH

Present:

Mr. Sandeep Parkash Chahar, Advocate, for the petitioner.

Mr. RKS Brar, Additional Advocate General, Haryana. ***** JASPAL SINGH, J.

By virtue of instant petition preferred under Article 226/227 of the Constitution of India, petitioner has sought issuance of a writ in the nature of certiorari for quashing of order dated 10.08.2015 (Annexure P-8) as well as for issuance of a writ in the nature of mandamus, directing the respondents to grant full salary of the deceased as monthly ex-gratia financial assistance according to the Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2006 to the petitioner w.e.f. 04.10.2014 as well as to pay the arrears along with interest.

2.

Subsequent, to the passing of order dated 10.08.2015 (Annexure P-8), the respondents have passed a fresh order dated 09.02.2018, copy of which has been furnished by learned State counsel in Court today, Sonika 2018.02.15 17:03 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.1345 OF 2016 --2-- which has been conveyed to the petitioner as well as other authorities vide endorsement No.3029-32/A-II/EG-1/287/1243, dated 09.02.2018, vide which, the relief sought by the petitioner has been granted and in view thereof order dated 10.08.2015 (Annexure P-8) stood quashed. 3.

No doubt, the benefit sought through instant petition has been granted to the petitioner by the respondents but the voluntary benefits accrued on the basis of the aforesaid order is yet to be calculated and paid to the petitioner by the respondents.

4.

Thus, the instant petition is disposed of with the direction to the respondents to calculate and make the payment of the arrears accrued to the petitioner on the basis of order dated 09.02.2018 within a period of three months positively from the date of receipt of certified copy of this order and in case of non-compliance of order, it would entail interest @ 9% from the date of filing of instant petition till the actual payment.

FEBRUARY 12, 2018 (JASPAL SINGH) sonika JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No Sonika 2018.02.15 17:03 I attest to the accuracy and authenticity of this document Chandigarh