Dismissed

Bir Kaur v. State of Punjab and Ors.

Punjab & Haryana HC26 Mar 2014CWP/13160/2011

Case brief

AI extract

What is this about?

The petitioner, a widow of a Sepoy who died in action in 1965, filed a writ petition seeking special and financial benefits under the war widows scheme. The court noted her ineligibility for land allotment due to issueless status and remarriage. The court ultimately dismissed the petition.

What did the court decide?

No relief; petition dismissed on grounds of ineligibility for land and potential bar of limitation.

Bir Kaur Vs State of Punjab and Ors. — Pension and Retirement Benefits | Punjab & Haryana HC (2014)

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CWP No. 13160 of 2011 (O&M)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CWP No. 13160 of 2011 (O&M)

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Date of decision : 26.03.2014

Bir Kaur

... Petitioner

versus

State of Punjab and others

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...Respondents

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CORAM: HON'BLE MS. JUSTICE RITU BAHRI

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Present: Mr. Rajeev Anand, Advocate for the petitioner.

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Mr. Jagmohan Bansal, Addl.A.G. Punjab

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Mr. Hitesh Sood, Advocate for respondent No. 4

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RITU BAHRI , J. (Oral)

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Petitioner-Bir Kaur has filed this petition under Article 226/227 of the Constitution of India for issuance of writ in the nature of mandamus for the grant of special benefits including financial benefits made applicable to the war widows who have lost their husbands in war or war like situations.

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The petitioner is a widow of Sepoy Kulwant Singh who died in action in Sialkot Sector in 1965 Indo-Pakistant War. Reference has been made to letter dated 13.10.2006 whereby the respondent No. 4 has forwarded the application of the petitioner to Deputy Director, Sainik Welafare Distt. Amritsar (Pb). Further reference has been made to letter dated Nov, 2008 whereby the petitioner has given a letter to D.C. Amritsar for grant of benefits under the State Government Scheme but no intimation was received by the Government (P-4).

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On notice, a reply has been filed on behalf of respondent No. 1

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Arora Gaurav 2014.04.07 13:47 I attest to the accuracy and integrity of this document

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CWP No. 13160 of 2011 (O&M)

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to 3 stating that the present petition is time barred as per Punjab Govt. press note dated 28.01.1975 and only those cases will be considered which are submitted by the widows of Martyred soldiers regarding financial/allotment of land as R-1.

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As per reply filed by respondent No. 4, it has been submitted that the petitioner has been given the death/terminal benefits as mentioned in para No. 12 of the reply. Reference has been made to Annexure R-4/3 whereby the D.C and President Zila Sainik Board, Amritsar informed the Secretary to Govt. of Punjab, defence Services Welfare Department, Chd vide letter dated 03.05.1979 that as per instructions contained in Pb State Govt. Rehabilation Deptt, press note copy of which received vide Pnjab government letter dated 16.06.1971 that she is not eligible for land allotment being issueless and having re-married with the brother of her husband (since deceased).

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In view of the above, the petition is dismissed.

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( RITU BAHRI) JUDGE

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26.03.2014 G Arora

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Arora Gaurav 2014.04.07 13:47 I attest to the accuracy and integrity of this document

Bir Kaur v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

Bir Kaur v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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