High Court of Punjab and HaryanaCWP/23612/2023disposed of

Balvir Kaur v. State Of Punjab And Others

2023-10-17Mr. Justice Gurvinder Singh Gill2 pages

2023:PHHC:135238 In the High Court for the States of Punjab and Haryana At Chandigarh CWP-23612-2023 (O&M) Date of Decision:-17.10.2023 Balvir Kaur ....Petitioner

Versus

State of Punjab and others ... Respondents

CORAM:

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

The instant petition has been filed by the petitioner seeking issuance of a writ in the nature of mandamus directing the respondents to consider the services rendered by husband of the petitioner as 'SPO' as qualifying service for the purpose of pensionary/retiral benefits.

Learned counsel for the petitioner submitted that husband of the petitioner had initially been appointed as 'SPO' in the year 1993 and was later on absorbed in regular cadre of Constables on 29.5.2001, but unfortunately died in harness in the year 2016. It has been submitted that although the petitioner has been representing to the respondents for grant of retiral-cum-death benefits, but to no avail. It has also been submitted that the petitioner was ultimately constrained to issue a legal notice dated 11.9.2023 (Annexure P-4), but the same is still undecided.

MOHAN SINGH 2023.10.17 17:06 I attest to the accuracy and authenticity of this order/judgment

CWP-23612-2023 (O&M) ( 2 ) 2023:PHHC:135238 3.

Having heard the learned counsel for the petitioner but without commenting anything as regards merits of the case, the instant petition is disposed of with a direction to respondent No.4 - The Command Head Police Department Laddakothi, Sangrur, District Sangrur to examine the legal notice dated 11.9.2023 (Annexure P-4), so that the same is disposed of in accordance with law expeditiously preferably within a period of 2 months from today. 4.

In case, it is found that anything is due to be paid to the petitioner on account of death/retiral benefits in respect of her husband, the same shall be paid within a period of 2 months thereafter alongwith interest @5% per annum. In case, the dues are not paid within the aforesaid prescribed period, the respondents shall be bound to pay the entire arrears alongwith interst @10% per annum.

17.10.2023 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2023.10.17 17:06 I attest to the accuracy and authenticity of this order/judgment