Harjinder Kaur v. The Managing Director And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.9398 of 2015 Date of decision: 13.05.2015.

Harjinder Kaur ..Petitioner

Versus

The Managing Director (M.D.), Pepsu Roadways Transport Corporation and another ..Respondents

CORAM:

HON'BLE MRS. JUSTICE DAYA CHAUDHARY

1. Whether reporters of local newspapers may be allowed to see judgment? Yes/No

2. To be referred to reporters or not? Yes/No

3. Whether the judgment should be reported in the Digest? Yes/No

Present:

Mr. Jandeep Kumar Sajjan, Advocate for the petitioner.

Daya Chaudhary, J. (Oral) The present writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing respondents No.1 and 2 to decide the legal notice dated 01.04.2015 (Annexure P-3) as no action has been taken so far.

Learned counsel for the petitioner submits that the husband of the petitioner, namely, Partap Singh, was permanent employee of the respondents-department. He died on 28.12.2014 in an accident and after death of her husband, the benefits were not released to the petitioner in spite of completing all formalities like NEETU RANI 2015.05.20 11:33 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.9398 of 2015 succession certificate. Learned counsel further submits that the petitioner is entitled for family pension, leave encashment, GPF, gratuity and group insurance amount. The petitioner is also having four daughters and there is no other source of income. Learned counsel for the petitioner also submits that the petitioner would be satisfied in case, directions are issued by this Court to respondents No.1 and 2 to take action on the legal notice. In view of the submissions made by learned counsel for the petitioner and also the fact that the legal notice was served upon the respondents on 01.04.2015 but still no action has been taken, the present writ petition is disposed of with a direction to respondent No.1 to consider the legal notice of the petitioner and take necessary action in accordance with law. In case, the averments made in the petition are found to be correct, necessary relief be granted to the petitioner without any delay.

However, it is also directed that in case, the petitioner is found entitled for the relief after the death of her husband, the payments due to her be released within a period of three months from the date of receipt of certified copy of this order. 13.05.2015 (DAYA CHAUDHARY) neetu JUDGE NEETU RANI 2015.05.20 11:33 I attest to the accuracy and authenticity of this document Chandigarh