Chander Mohan v. The Punjab State Power Corporation Limited And Others

CWP No.34996 of 2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.34996 of 2024 Date of decision: 20.12.2024 Chander Mohan ....Petitioner

Versus

The Punjab State Power Corporation Limited and others ....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present:

Mr. Baljeet Singh Sidhu, Advocate for the petitioner.

NAMIT KUMAR J. (Oral) 1.

Prayer in this writ petition filed by the petitioner under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of mandamus, directing the respondents to release the arrears of revised family pension of the petitioner and re-fixed her family pension on account of death of his wife - Sita Devi, from 01.01.2016 to 30.06.2021 along with interest @ 18% per annum w.e.f. 01.07.2021 till the realization of the same, on the basis of Sixth Punjab Pay Commission, implemented w.e.f. 01.01.2016 by the Department of Finance, Govt. of Punjab i.e. respondent No.2. 2.

Learned counsel for the petitioner submits that the wife of the petitioner retired from service on attaining the age of superannuation prior to 01.01.2016. However, her arrears of revised pay/pension and other retiral benefits w.e.f. 01.01.2016 to 30.06.2021 based on the recommendations of the Sixth Pay Commission have not been paid. MOHD YAKUB 2024.12.20 15:08 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

CWP No.34996 of 2024 Learned counsel for the petitioner submits that at this stage, the petitioner would be satisfied, if the legal notice dated 02.09.2024 (Annexure P-5) is considered and decided by passing a speaking order in a time bound manner.

3.

Notice of motion.

4.

Mr. G.S. Bawa, Advocate, accepts notice on behalf of respondents No.1, 3 to 5 and Mr. Surya Kumar, AAG, Pb. accepts notice on behalf of R-2, and have no objection to the innocuous prayer made by learned counsel for the petitioner.

5.

I have heard learned counsel for the parties and have gone through the record of the case.

6.

Without expressing any opinion on the merits of the case or the claim being made by the petitioner in the present petition, respondent No.1 is directed to consider and decide the claim made by the petitioner in legal notice dated 02.09.2024 (Annexure P-5) in accordance with law, by passing a speaking order within a period of three months from the date of receipt of certified copy of this order. In case, the petitioner is found entitled, necessary benefits be released to him within a period of three weeks thereafter. 7.

The petition stands disposed of.

(NAMIT KUMAR) JUDGE 20.12.2024 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2024.12.20 15:08 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh