Petitioner sought enhancement of family pension pending tribunal-level legal notice decision.
Direction to respondents to decide the petitioner's legal notice within three months.
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CWP-21200-2019
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP-21200-2019 Date of decision: - 07.08.2019
Rajpal Kaur
....Petitioner
Versus
State of Punjab and others
.....Respondents
CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present:None for the petitioner.
HARSIMRAN SINGH SETHI, J. (ORAL)
As per the averments made in the writ petition, Special Family Pension was recommended to be enhanced by the Pay Commission, but while implementing the recommendation w.e.f. 01.01.2006 the benefit was not extended to the petitioner. Subsequently, the recommendation were accepted in December, 2011 and the pay-scale of the post, on which husband of the petitioner was working, was revised prospectively from 2011. Further, in order to get the pay-scale implemented w.e.f. 01.01.2006, a CWP No.25733 of 2012 titled as ' A.P. Sharma and others Vs. State of Punjab and others ', was filed, which was allowed by a Co-ordinate Bench of this Court on 22.10.2013 (Annexure P-6), wherein, a direction was given that the pay-scale which was revised w.e.f. 01.12.2011 should be implemented w.e.f. 01.01.2006 and keeping in view the said judgment, the petitioner is seeking the enhancement of her family pension keeping in view the higher pay scale NARESH KUMAR 2019.08.09 12:19 I attest to the accuracy and integrity of this document Chandigarh
CWP-21200-2019
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given to the post w.e.f. 01.01.2006, on which the late husband of the petitioner was working.
From the pleadings, it transpires that for the relief which has been claimed in the present writ petition, petitioner has served the respondents with a legal notice dated 10.05.2019 (Annexure P-10) which is still pending consideration with the respondents.
Interest of justice will be served, at this stage, in case a time bound direction is issued to the respondents to decide the said legal notice by passing an appropriate speaking order.
Without commenting upon the merits of the case or about the entitlement of the petitioner for the relief which has been claimed by her in the legal notice dated 10.05.2019 (Annexure P-10), the present writ petition is disposed of with a direction to the respondents to decide the legal notice dated 10.05.2019 (Annexure P-10) within a period of three months from the receipt of certified copy of this order. In case, it is found that the petitioner is entitled for any monetary benefits after the decision of the legal notice, the same should also be paid to her within three months thereafter.
Present writ petition stands disposed of.
August 07, 2019 naresh.k
( HARSIMRAN SINGH SETHI ) JUDGE
Whether reasoned/speaking? Yes Whether reportable? No
NARESH KUMAR 2019.08.09 12:19 I attest to the accuracy and integrity of this document Chandigarh
1 issue framed by the court
Whether family pension should be enhanced based on a legal notice sent to the respondents before the final disposal of the writ petition.
Rajpal Kaur
State of Punjab
others
Harsimran Singh Sethi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
