Bhagat Singh v. State Of Haryana And Others

CWP-14493-2018

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-14493-2018 Date of decision: 25.07.2024 Bhagat Singh

...Petitioner

Versus

State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :

Mr. Ankur Goyat, Advocate for Mr. Ramesh Goyat, Advocate for the petitioner.

Ms. Vibha Tewari, AAG, Haryana.

Mr. H.S. Oberoi, Advocate for respondent No.2. ***** AMAN CHAUDHARY. J (Oral) 1.

The present petition has been filed for, issuance of a writ in the nature of mandamus, directing the respondents to release the family pension to the petitioner from the year 2012 to 2015, till he attained the age of 25 years, with regard to service rendered by his father, who passed away, working as a Sweeper. This Court, vide order dated 15.02.2024, had directed the respondents to file an affidavit giving detailed reasons for not granting the family pension to the petitioner, in compliance thereto, affidavit dated 09.04.2024 by Principal & Director, Motilal Nehru School of Sports, has been filed, para 6 whereof reads thus:- "6. The Respondent No.3 has again sent a letter No. MNSS/EA4/2024/882-883 dated 26.03.2024 to the Respondent No.2 and requested to grant family pension to the Petitioner too for the period from 01.04.2012 to 07.04.2015 in reference to order dated 15.02.2024 passed by Hon'ble High Court of Punjab & Haryana, Chandigarh."

2.

In para 7 of the short reply filed by way of affidavit on behalf of Deputy Accountant General (Pension)-respondent No.2, it has been stated as under:- HAMANT 2024.07.26 14:54 I attest to the accuracy and integrity of this order/judgment

CWP-14493-2018 "7. That, respondent no.3 vide letter no. MNSS/CC/2018/8767 dated 27.11.2018 intimated that Sh. Bhagat Singh was entitled to family pension from 01.04.2012 to till date he attained the age of 25 years. In case, he fulfils the requisite eligibility criteria, family pension may be furnished to the office of the answering respondent. But, recommendations/family pension case to release the family pension in favour of the petitioner was not supplied by respondent no. 3 to the office of the answering respondent till date."

3.

In view of the development as indicated in para 6 of the reply reproduced above, learned counsel for respondent No.2, on instructions, submits that necessary action shall be taken within 2 months and amount released, in case there is no other impediment and if some information is required, the same shall be sought from the petitioner. 4.

This satisfies the learned counsel for the petitioner. 5.

Disposed of accordingly.

(AMAN CHAUDHARY) JUDGE 25.07.2024 Hemant Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No HAMANT 2024.07.26 14:54 I attest to the accuracy and integrity of this order/judgment