High Court of Punjab and HaryanaCWP/31372/2018disposed of

Charanjit Kaur v. State Of Punjab And Others

2018-12-13Mr. Justice Arun Palli2 pages

CWP-31372-2018 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-31372-2018 Date of decision: - 13.12.2018 Charanjit Kaur ....Petitioner

Versus

State of Punjab and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Ms. Sonia G. Singh Samber, Advocate for the petitioner.

**** HARSIMRAN SINGH SETHI , J. (ORAL) In the present case, the petitioner is widow of Sh. Amarjit Singh, who was initially appointed as a Special Police Officer on 13.12.1993 and thereafter, his services has been regularized on 13.11.2006.

It has been averred in the writ petition that husband of the petitioner unfortunately died on 11.03.2007. It has been contended on behalf of the petitioner that the husband of the petitioner was entitled for pension under the Old Pension Scheme in view of the law laid down by this Court in Harbans Lal Vs. State of Punjab and others, in CWP No.2371 of 2010, decided on 31.08.2010 (P-5); CWP No.24472 of 2015, decided on 07.01.2016 (P-9) and CWP No.864 of 2017, decided on 17.07.2017 (P-10), which cases relate to the grant of pensionary benefits to the Special Police Officers appointed in the year 1993. NARESH KUMAR 2018.12.18 15:31 I attest to the accuracy and integrity of this document Chandigarh

CWP-31372-2018 -2Counsel for the petitioner further states that for the relief which has been sought in the present writ petition, the petitioner has served respondents with a legal notice on 01.10.2018 (Annexure P-13), which is still pending consideration with the respondents and the petitioner will be satisfied, at this stage, in case a time bound direction is issued to the respondents to decide the said legal notice keeping in view the judgments of this Court referred above.

In view of the request made, without expressing any opinion on the merits of the case and the claim being made by the petitioner, the respondents are directed to decide the legal notice dated 01.10.2018 (Annexure P-13) by passing a speaking order within a period of three months from the date of receipt of a certified copy of this order. In case after the decision, it is found that the petitioner is entitled for any monetary benefit, the same shall also be released to her within a period of next three months.

Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) December 13, 2018 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2018.12.18 15:31 I attest to the accuracy and integrity of this document Chandigarh