Jasbir Kaur v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-21768-2023 (O&M) Date of decision: 18.03.2025 Jasbir Kaur ....Petitioner

Versus

State of Punjab and Others

...Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :

None for the petitioner Mr. Amarpreet Singh Bains, AAG Punjab ***** AMAN CHAUDHARY, J. (ORAL) 1.

Prayer made in the present petition is for directing the respondents to release of pension as per revised pay scale and pay arrears as also interest, which have now been released after refixing the pay as stated in para Nos.4, 6 and 7 of the short reply filed by way of affidavit of Senior Medical Officer, I/C PHC Chakowal Hoshiarpur, which have not been controverted by filing any replication and read thus:

" .... 4. That in this regard it is submitted that the petitioner has no cause of action to file present writ petition as the pensionery benefits have already been revised and arrear of pension has already been disbursed to the petitioner. Therefore, the writ petition has already been rendered infructuous.

6. That it is submitted that the petitioner Smt. Jasbir Kaur on her appointment as MPHW(F) joined service at PHC Fatehgarh Panjgrain district Sangrur on 17-12-1984 & transferred at different interval of time to various other Health Institutions in the Department of Health & Family Welfare of Punjab. She joined at PHC Chakowal and retired on 31-12-2022 after attaining age of superannuation from the office respondent no

4. The petitioner brought to notice of the department that her pay had been wrongly fixed by the department as revision of Pay scale of Punjab Govt. employee were made effective from 01-01-1986 however the pay had been fixed inadvertently w.e.f MOHIT 2025.03.19 18:33 I attest to the accuracy and integrity of this document

CWP-21768-2023 (O&M) -21-12-1986 i.e from the normal date of annual grade increment. In this regard, it is submitted that the department had examined the matter & found wrong fixation and there after, the pay had already been refixed retrospectively vide office order No 231 dated 02.05.2023.

7. That It is submitted that after revision of pension the bill amounting Rs. 2,79,533/- was sent to the District Treasury officer on 13.10.2023 and the said amount had been disbursed to the petitioner vide TV No. 63 dated 26.10.2023. A copy of the bill dated 13.10.2023 is annexed herewith as Annexure R/1 for kind perusal of this Hon'ble Court Therefore, the claim of the petitioner has already been accepted by the competent authority and hence the present petition is devoid of merits." 2.

  

    

          (AMAN CHAUDHARY) JUDGE 18.03.2025 M.Kamra Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No MOHIT 2025.03.19 18:33 I attest to the accuracy and integrity of this document