Rekha Rani v. State Of Punjab And ORS

CWP No.9209 OF 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.9209 OF 2018 DECIDED ON: APRIL 18, 2018 REKHA RANI .....PETITIONER

VERSUS

STATE OF PUNJAB AND OTHERS .....RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASPAL SINGH

Present:

Mr. Nirmal Singh Khandhola, 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 regular pension and also make payment of balance amount of retiral benefits to the petitioner. 2.

The contention of learned counsel for the petitioner is that legal notice dated 15.03.2018 (P-6) was served upon the respondent, which has not been finalized so far. Rather, the matter is still lingering on. 3.

This Court has also scanned the various documents available on file and it transpires that reply to legal notice was given by the Principal, Govt. Senior Secondary School, Pamal, Ludhiana dated 23.03.2018 (P-7), the operative part of which reads as under:- "District Education Officer (P) is being written Sonika 2018.04.23 10:28 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.9209 OF 2018 --2-- again and again regarding sending the sanction of the leave and has also met personally. But the office has not given any solid reply. Whenever the sanctioned letter is received in the school the case of the employee will be sent to the AG Punjab and after clearance the balance benefits will also be paid. Thanking you."

4.

A glance at the aforesaid reply transpires that the matter is still pending and no concrete steps are being taken for taking an appropriate action. 5.

Without expressing any opinion on the merits of the case, instant petition is disposed of with the direction to the respondent(s) to take a conscious decision with regard to the legal notice within a period of two months positively and if the petitioner is entitled to the benefit claimed by her, to release the same within a period of next one month.

6.

In case, the petitioner still feels aggrieved against any of the order(s) passed by the concerned authority, she shall be at liberty to have recourse to the other remedies available under law including filing of writ petition. APRIL 18, 2018 (JASPAL SINGH) sonika JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No Sonika 2018.04.23 10:28 I attest to the accuracy and authenticity of this document Chandigarh