Chimna Devi v. State Of Punjab And Others

2023:PHHC:136503 In the High Court for the States of Punjab and Haryana At Chandigarh CWP-20711-2023 (O&M) Date of Decision:-19.10.2023 Chimna Devi ....Petitioner

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Jasbir Singh Mohri, Advocate for the petitioner. ***** GURVINDER SINGH GILL, J. (Oral) 1.

The petitioner seeks issuance of a writ in the nature of mandamus directing the respondents to grant family pension to the petitioner on account of death of her husband, who died on 17.2.2011 in harness. 2.

Learned counsel representing the petitioner submitted that husband of the petitioner was appointed as 'SPO' in the year 1992 and was absorbed in the regular cadre of Constables in Punjab Police in the years 2010, but unfortunately died in harness on 17.2.2011. It has been submitted that although the petitioner being widow is entitled to family pension but till date no decision has been taken thereupon by the respondents although the petitioner had submitted various representations in this regard including representation dated 18.2.2022 (Annexure P-11). 3.

Learned counsel for the petitioner submits that the case of the petitioner is squarely covered by various judgments of this Court including judgment Pankaj Kakkar 2023.10.19 17:26 I attest to the accuracy and authenticity of this document

CWP-20711-2023 (O&M) ( 2 ) 2023:PHHC:136503 rendered in CWP-11802-2008 titled as Paramjit Kaur Vs. State of Punjab and others.

4.

Notice of motion.

5.

Pursuant to service of advance notice Mr. Inderpreet Singh Kang, AAG, Punjab has put in appearance on behalf of the respondents and has fairly submitted that the case of the petitioner shall be considered in accordance with the rules as well as the latest position of law. 6.

In view of the aforesaid submission, the instant petition is disposed of with a direction to respondent No.2 - The Director General of Police, Punjab Police, Mini Secretariat, Punjab, Sector - 9, Chandigarh to get the representation dated 18.2.2022 (Annexure P-11) examined in accordance with law, so that the same is disposed of expeditiously preferably within a period of 3 months from today.

7.

In case, anything is found due to be paid to the petitioner, the same shall be paid within a period of next 2 months thereafter alongwith interest @5% per annum. However, in case, the same is not paid within the aforesaid prescribed period, the entire amount towards arrears shall be paid alongwith interest @10% per annum.

8.

A copy of this order alongwith copy of representation dated 18.2.2022 (Annexure P-11) be sent to respondent No.2 - The Director General of Police, Punjab Police, Mini Secretariat, Punjab, Sector - 9, Chandigarh for necessary compliance.

19.10.2023 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pankaj Kakkar 2023.10.19 17:26 I attest to the accuracy and authenticity of this document