Davinder Kaur v. State Of Punjab And ORS.




    
        



 

      



State Of Punjab And Ors.

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     Mr. Amit Shukla, DAG, Punjab.

Ms. Anupam Bhanot, Advocate for respondents No.2 to 6 (through video conferencing).

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The present Civil Writ Petition has been filed under Articles 226/227 of the Constitution of India, praying for the issuance of a writ in the nature of mandamus or any other appropriate writ, thereby directing the respondents to release special pension to the petitioner and to consider the name of the petitioner's son for appointment in the respondent-Department



in view of Circular No. 2/2007 dated 24.07.2007 issued by respondent No. 7 (Annexure P-9) and further prayer for the issuance of a writ in the nature of certiorari for quashing the impugned order dated 25.06.2013 (Annexure P-8), whereby the claim of the petitioner for release of special pension and other benefits, as well as appointment of her son on compassionate grounds, has been rejected arbitrarily, the said order being unconstitutional, unlawful, illegal, unsustainable in the eyes of law, and liable to be set aside as null and void.

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Circular No. 2/2007 dated 24.07.2007 (Annexure P-9). Further, he 

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  3.

Learned counsel for the respondent-Corporation submits that since the petitioner has withdrawn his claim towards compassionate appointment, his request for special family pension can be considered in the light of Circular No. 2/2007 dated 24.07.2007 (Annexure P-9). 4.

Therefore, in view of the submission made by learned counsel for the parties, the present writ petition is disposed of and the respondent

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No.3/competent authority is directed to treat the writ petition as representation and consider the claim of the petitioner with regard to special family pension in terms of (Annexure P-9) and pass a speaking order, after affording him an opportunity to be heard, within a period of 06 weeks from the date of receiving a certified copy of this order. Further, the decision taken thereof shall be conveyed to the petitioner. 5.

Needless to say, in case the petitioner has already received any other benefit under the ex-gratia policy, the petitioner is directed to deposit the same with the respondent-Department, in accordance with law. 6.

Pending miscellaneous application(s), if any, shall also stands disposed of.

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