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2019 Supreme(Online)(P&H) 621

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DARSHNA DEVI – Appellant
Versus
DEPINDER SINGH DHESI AND ANOTHER – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 30.10.2025 Darshna Devi …Petitioner V/s Depinder Singh Dhesi and another …Respondents CORAM : HON’BLE MR. JUSTICE VIKRAM AGGARWAL Present: Mr. S.K. Malik, Advocate, for the petitioner.

Mr. Anuj Garg, DAG, Haryana.

***

VIKRAM AGGARWAL, J The instant contempt petition has been instituted under Sections

11 and 12 of the Contempt of Courts Act (hereinafter referred to the as the “1971 Act”) for non-compliance of judgment dated 07.05.1996 (Annexure P-1) passed in CWP-10115-1995.

2. CWP-10115-1995 was instituted by the petitioner (Darshna Devi) seeking issuance of a writ of mandamus directing the respondents to pay ex- gratia relief of Rs.1 lakh, Rs.1500/- per month as family pension and to rehabilitate her by giving her a Government job on account of her husband Nirmal Ram Sharma, who was working as a Lecturer at Government Senior Secondary School, Satnali, District Mohindergarh having been shot dead by unidentified extremists,.

3. The said writ petition was disposed of vide order dated

07.05.1996:-

“Mr. Nirmal Ram Sharma was working as a lecturer at the Govt.

Senior Sec. School, satnali, District Mohindergarh. When he had worked for about eight months only, he was shot dead on July 11, 1992 by some "un-identified extremists...". The petitioner (his widow) made a request for the grant of ex-gratia payment of Rs. 1 lac. Having failed to get the requisite relief, she has approached this court through the present writ petition with a prayer that a of writ mandamus be issued "directing the respondents to pay the petitioner the special ex-gratia grant of Rs. One lac.

Notice of motion was issued to the respondents. A written statement has been filed on behalf of respondents No. 1 and 2. It has been pleaded that the petitioner's husband being an employee of the State of Haryana, the liability grant any payment was that of the employer and not of the to State of Punjab. However, in pursuance to the interim directions given by the Bench on March 25, 1996, the Chief Secretaries of the two States of Punjab and Haryana have decided that the petitioner shall be paid an amount of Rs. 50,000/- viz. Rs. 2000/- by each of the States. It has been further decided that the petitioner herself shall be given a Class IV post in the state of Haryana. The petitioner can't be given a higher job on account of the fact that she has passed only the Middle Examination.

The above-noted decision of the respondents is absolutely just and fair. The petitioner would get an amount of amount of Rs. 50,000/- to tide over the economic crisis. She would also have an employment for which she is duly qualified. In this situation, no further directions are necessary. However, the respondents shall comply with the decision, within one month from the date of receipt of a copy of this order.”

4. It is the case of the petitioner that after the issuance of the aforesaid directions, the petitioner, who is a very poor lady, submitted continuous representations to the respondents for the grant of a job, family pension and other benefits but no response was received. Under the circumstances, the instant contempt petition was instituted.

5. Short reply by way of affidavit of Sh. Jitender Kumar, Director, Secondary Education, Haryana filed in the Registry is taken on record. In the short reply submitted by the respondents, it has been averred that in compliance of the directions issued vide order dated 07.05.1996 passed in CWP-10115-1995, an appointment letter dated 19.06.1996 (Annexure R-4) had been issued. As regards family pension, it has been averred that since the qualifying service of Sh. Nirmal Ram Sharma was less than one year, the petitioner was not entitled for family pension. Gratuity etc. was issued to the petitioner in 1994. Further, insurance amount was also paid.

6. It has further been averred that no further correspondence record as regards the appointment of Smt. Darshna Devi could be traced in the office and

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