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High Court of Punjab and HaryanaCWP/29299/2024disposed of

Balbir Kaur v. State Of Punjab And ORS

2024-10-28Mr. Justice Jagmohan Bansal2 pages

CWP-29299-2024

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-29299-2024 Date of Decision : 28.10.2024 BALBIR KAUR .... PETITIONER V/S STATE OF PUNJAB AND ORS .... RESPONDENTS CORAM : HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :- Mr.Munish Gupta, 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 setting aside of order dated 25.09.2024 (Annexure P-11) whereby respondent has released terminal benefits of deceased Constable Jagjit Singh in favour of his wife Raj Pal Kaur.

2.

The petitioner is claiming that she is mother of deceased Constable Jagjit Singh and she was disclosed as dependent in the official record of her son, thus, she was entitled to terminal benefits of her son. This Court vide order dated 26.07.2024 directed the respondent to consider claim of wife of deceased Constable in accordance with law. The respondent did not join petitioner in the proceedings and despite Anju Goel 2024.10.29 09:42 I attest to the accuracy and integrity of this document Chandigarh

CWP-29299-2024 knowing pendency of civil suit, released all terminal dues in favour of deceased's wife. The matter is pending before Civil Court and impugned order has been passed on the directions of this Court, thus, it would prejudice her claim before the Civil Court.

3.

Mr.Munish Gupta, ncounsel for the petitioner submits that the authorities while passing impugned order have not considered claim of petitioner and ignored the fact that the matter is pending before Civil Court. The order passed by respondent on the direction of this Court would seriously prejudice petitioner's claim before the Civil Court. 4.

Considering the limited prayer of petitioner and without issuing notice to private respondents and with the consent of Mr. Aman Dhir, DAG, Punjab who on advance notice is present in Court, it is clarified that the impugned order would not prejudice petitioner in her civil suit pending before Civil Judge (Jr. Divn.), Patiala. She would be entitled to raise all legal issues regarding her claim for terminal dues of her son.

5.

Disposed of.

(JAGMOHAN BANSAL) JUDGE 28.10.2024 anju Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No Anju Goel 2024.10.29 09:42 I attest to the accuracy and integrity of this document Chandigarh