Pano Devi v. The Secretary Punjab Government And ORS

CWP No.16286 OF 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.16286 OF 2018 DECIDED ON: JULY 09, 2018 PANO DEVI .....PETITIONER

VERSUS

SECRETARY, PUNJAB GOVT. LOCAL .....RESPONDENTS GOVERNMENT DEPARTMENT, CHD.

AND OTHERS CORAM: HON'BLE MR. JUSTICE JASPAL SINGH

Present:

Mr. Nandan Jandeep Kumar Saajan, Advocate, for the petitioner.

***** JASPAL SINGH, J.

Through instant petition preferred under Article 226/227 of the Constitution of India, petitioner has sought issuance of a writ especially in the nature of mandamus directing the respondents to make all the service benefits of husband of petitioner i.e. provident funds, plus DA, leave encashment and gratuity, group insurance amount, if any, and balance salary amount etc., belonging to the husband of petitioner along with interest @ 12% per annum from the date of death of husband of petitioner i.e. 05.02.2017 till date with immediate effect, but the same has not been done by the respondents despite the service of legal notice dated 25.04.2018 (P-2). 2.

At the very outset of the arguments, learned counsel for the petitioner contends that though legal notice dated 25.04.2018 (P-2) was duly Sonika 2018.07.10 15:51 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.16286 OF 2018 --2-- served upon the respondents but till date neither any response has been received nor any decision has been taken thereon. He further submits that petitioner feels satisfied in case direction is issued to respondent No.5 to consider and decide legal notice (P-2) within a stipulated period. 3.

Accordingly, instant petition is disposed of with a direction to respondent No.5-Executive Officer, Nagar Council, Guruharsahai, District Ferozepur to consider the case unfolded by the petitioner in legal notice (P-2) and to decide the same within a period of three months from the date of receipt of certified copy of this order. In case, the concerned authority comes to the conclusion that petitioner is entitled to the relief claimed, to release the benefits accrued to the petitioner within a period of next 45 days. 4.

However, if petitioner still feels aggrieved by any order of the aforesaid authority, she shall be at liberty to approach this Court or to have recourse to the other remedies available under law. JULY 09, 2018 (JASPAL SINGH) sonika JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No Sonika 2018.07.10 15:51 I attest to the accuracy and authenticity of this document Chandigarh