High Court of Punjab and HaryanaCWP/166/2017disposed of

Dilshana & ORS v. State Of Haryana & ORS

2019-07-01Mr. Justice Harsimran Singh Sethi2 pages

CWP-166-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-166-2017 Date of decision: - 01.07.2019 Dilshana and others ....Petitioners

Versus

State of Haryana and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. R.S. Mamli, Advocate, for the petitioners.

Ms. Nidhi Garg, Assistant Advocate General, Haryana. Mr. Rajesh Sheoran, Advocate for Mr. Sandeep Saini, Advocate for respondent No.3.

**** HARSIMRAN SINGH SETHI , J. (ORAL) In the present writ petition, the grievance which is being raised by the petitioners is that the GPF amount of their father in respect of the service rendered by him with the respondents is still lying with the respondent-Corporation. Further, even the revised family pension for which the mother of the petitioners was entitled for, was also not released to her.

At the outset, counsel for the respondents-State states that there is no succession certificate which has been issued by the Competent NARESH KUMAR 2019.07.05 10:37 I attest to the accuracy and integrity of this document Chandigarh

CWP-166-2017 -2Authority in favour of the petitioners for the release of the benefit of GPF amount and unless and until the same is furnished, no benefit can be released to the petitioners.

Counsel for the respondents further states that with regard to the revised family pension, claim can only be considered, if the petitioners have succession certificate in their favour and in case they produce the succession certificate, the benefits for which the successors will be found entitled for, will be released in their favour. Faced with this situation, counsel for the petitioners states that he may be allowed to withdraw the present writ petition with a liberty to the petitioners to file fresh petition in case need so arises and he prays that the petitioners will move appropriate forum for the grant of succession certificate and will produce the same before the respondents as soon as the same will become available.

Keeping in view the above, the present writ petition is allowed to be withdrawn with liberty to the petitioners to submit the succession certificate, as being demanded by the respondents for the release of the benefits, as claimed in the present writ petition. ( HARSIMRAN SINGH SETHI ) July 01, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.07.05 10:37 I attest to the accuracy and integrity of this document Chandigarh