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High Court of Punjab and HaryanaCWP/22778/2024disposed of

Paramjit Kaur v. State Of Punjab And Others

2024-10-03Mr. Justice Jagmohan Bansal2 pages

CWP-22778-2024

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-22778-2024 Date of Decision : 03.10.2024 PARAMJIT KAUR .... PETITIONER V/S STATE OF PUNJAB AND OTHERS .... RESPONDENTS CORAM : HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :

Mr.K.K.Thakur, Advocate and Mr. Paras Khindri, Advocate for the petitioner.

Mr. Aman Dhir, DAG, Punjab.

**** JAGMOHAN BANSAL, J. (Oral) 1.

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to respondents to release 100% family pension.

2.

Ranjit Singh joined Punjab Police as Constable on 12.01.1984. He solemnized marriage with Swaran Kaur who passed away in 1984. No child was born from this wedlock. Ranjit Singh solemnized 2nd marriage with petitioner on 06.06.1989. He retired from Punjab Police as Assistant Sub Inspector on 31.01.2021. He was released monthly pension to the tune of Rs.11,855/-. He passed away on 01.01.2024. He was survived by petitioner and four children from 2nd marriage. All the children are more than 25 years old, thus, none of them Anju Goel 2024.10.04 09:03 I attest to the accuracy and integrity of this document Chandigarh

CWP-22778-2024 is eligible to family pension. The petitioner claimed family pension after the death of her husband. The respondent has released 50% of family pension.

3.

Mr. Thakur submits that there is no provision which permits respondents to release 50% instead of 100% family pension. There is no other claimant, thus, respondents are bound to release 100% family pension.

4.

Mr. Aman Dhir submits that legal notice dated 19.06.2024 (Annexure P-8) served by petitioner is under consideration and the competent authority would examine claim of the petitioner and pass an appropriate within 02 months from today.

5.

In the wake of statement of Mr. Dhir, the present petition stands disposed of. This Court is sanguine of the fact that the competent authority would sympathetically and as per applicable rules would consider claim of the petitioner.

(JAGMOHAN BANSAL) JUDGE 03.10.2024 anju Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No Anju Goel 2024.10.04 09:03 I attest to the accuracy and integrity of this document Chandigarh