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High Court of Punjab and HaryanaCWP/8632/2018disposed of

Rajpati v. State Of Haryana And ORS

2018-04-06Mr. Justice Rameshwar Singh Malik2 pages

CWP No. 8632 of 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 8632 of 2018 Date of decision: April 06, 2018 RAJPATI ....PETITIONER.

V.

STATE OF HARYANA AND OTHERS ....RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE JASPAL SINGH

Present:

Mr. B.K. Bagri, Advocate, for the petitioner.

***** JASPAL SINGH, J.

By virtue of instant petition, preferred under Article 226/227 of the Constitution of India, petitioner has sought issuance of a writ in the nature of Mandamus directing the respondents to grant revised pensionary benefits i.e. arrear of pension, leave encashment, gratuity etc. after the death of the husband of the petitioner with interest as per the judgment of Hon'ble Apex Court in Vijay L. Mehrotra (P-7) and Division Bench of this Court in Mehar Chand case (P-8).

2.

At the very outset of the arguments, learned counsel for the petitioner submits that though legal notice dated 03.10.2017 (P-5) has been duly served upon the respondents but till date neither any reply has been received nor any decision has been taken by the respondents. Sonika 2018.04.16 14:18 I attest to the accuracy and authenticity of this document Chandigarh

CWP No. 8632 of 2018 --2-- 3.

Learned counsel for the petitioner further submits that petitioner feels satisfied in case direction is issued to respondents to decide aforesaid legal notice, within a stipulated period.

4.

Instant petition is disposed of with a direction to respondents to look into the grievances unfolded by the petitioner in legal notice dated 03.10.2017 (P-5) and to take a conscious decision in accordance with law within a period of four months from the date of receipt of a certified copy of this order.

5.

However, if petitioner still feels aggrieved by any of the orders passed by the aforesaid authorities, she shall be at liberty to have recourse to the remedies available under law as well as to approach this Court. APRIL 06, 2018 (JASPAL SINGH) sonika JUDGE whether speaking/reasoned :

yes whether reportable :

yes/no Sonika 2018.04.16 14:18 I attest to the accuracy and authenticity of this document Chandigarh