High Court of Punjab and HaryanaCWP/22816/2022disposed of

Satbir Kaur v. Union Of India And ORS

2022-10-11Mr. Justice Vikas Suri2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.22816 of 2022 Date of decision: 11.10.2022 Satbir Kaur ....Petitioner V/s Union of India and others ....Respondents CORAM: HON'BLE MR. JUSTICE VIKAS SURI

Present:

Mr. Kamaljit Singh Dhillon, Advocate for the petitioner. Mr. N.K. Vashist, Senior Panel Counsel for the respondent No.3.

***** VIKAS SURI, J. (Oral) This petition under Article 226 of the Constitution of India is filed by the petitioner invoking jurisdiction of this Court inter alia for directions to respondent No.3 to decide the representation dated 16.06.2022 (Annexure P-4) and legal notice dated 12.07.2022 (Annexure P-7) given by the petitioner within a time bound period and also directions not to release the pensionary and other benefits arising out of death of Gurpreet Singh till the aforesaid representation and legal notice are decided by the concerned authorities. On 30.09.2022 the following order was passed:- "At the outset, learned counsel for the petitioner restrict his claim to the first prayer i.e. to seek a direction to the respondent No.3 to decide the representation dated 16.06.2022 (Annexure P-4) which was followed by legal notice dated 12.07.2022 (Annexure P-7), in a time bound manner. Notice of motion to that limited extent to respondent No.3 only.

Mr. N.K. Vashisth, Advocate, accepts notice on behalf of respondent No.3 and waives service. He seeks short

CWP-22816-2022 accommodation to examine the case and complete instructions in that regard.

On request, adjourned to 11.10.2022."

Learned counsel appearing for respondent No.3, on instructions, submits that respondent No.3/Competent Authority will consider and decide the representation dated 16.06.2022 (Annexure P-4), legal notice dated 12.07.2022 (Annexure P-7) and the claim raised therein, in accordance with law, within a period of five weeks.

Heard learned counsel for the parties.

Keeping in view the above, without expressing any opinion or going into the merits of the case or the claim being made by the petitioners in the present petition or in the representation/legal notice, respondent No.3/Competent Authority is directed to consider and decide the claim made in the representation dated 16.06.2022 (Annexure P-4) and legal notice dated 12.07.2022 (Annexure P-7), in accordance with law, by passing a speaking order within a period of five weeks from today.

Needless to observe that in case, after the aforesaid decision, petitioner is found entitled for any benefits, the same be paid to her within a period of four weeks thereafter, as per law.

The petition stands disposed of in the aforesaid terms. (VIKAS SURI) JUDGE October 11, 2022 Ajay Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No