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CM-8013-CII-2026 in/and COCP-3840-2023 (O&M) 1 of 7

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

103+205 CM-8013-CII-2026 in/and COCP-3840-2023 (O&M)

Date of decision: 18.04.2026

Nasib Kaur ...Petitioner(s)

Vs.

Navraj Batish and another ...Respondent(s)

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA

Present:- Mr. Ravinder Singh Randhawa, Senior Advocate with Ms. Mamta and Mr. Karanyog Riar, Advocates

for the petitioner.

Mr. Ashok Kumar Bazaz, Advocate for respondent No.2.

*****

NIDHI GUPTA, J.

CM-8013-CII-2026

Prayer in the present application under Section 151 CPC for

recall/modification of order dated 05.03.2026, whereby it was directed

that the respondent no.2 remain present in person in Court today.

2. Heard.

3. In view of the reasons mentioned in the application, which is duly supported by afÏdavit of the learned counsel for the applicant/respondent No.2, the same is allowed; and the order dated

05.03.2026 is recalled.

COCP- 3840-2023 (O&M)

DIVYANSHI

2026.04.21 10:37 I attest to the accuracy and integrity of this document

CM-8013-CII-2026 in/and COCP-3840-2023 (O&M) 2 of 7

Present Original Contempt Petition under Sections 11 and 12

of the Contempt of Courts Act has been filed alleging violation of the order dated 15.09.2016 passed by the predecessor Bench in CWP No.16804-2011 titled as Nasib Kaur vs. State of Punjab and another

(Annexure P-1); whereby it was directed as follows: -

“............However, since Gurmail Singh-deceased served upto 01.09.1989 in Municipal Corporation, Ludhiana, therefore, the GPF, leave encashment, gratuity contributed/accrued and the share of the pension for the said period is to be borne by Municipal Corporation, Ludhiana, since, he died in harness while in service of Municipal Corporation, Ludhiana, The Municipal Corporation, Ludhiana is also to provide the financial assistance/compassionate appointment as per its policy, if the similar benefits have been extended to other

similarly situated employees.

For this purpose, Municipal Corporation, Ludhiana shall submit all the necessary documents alongwith their share of the retiral benefits to Punjab Roadways, Ludhiana which shall prepare the pension case of the husband of the petitioner and release the pension and other retiral benefits. The Municipal Corporation, Ludhiana is given three months time from the date of passing of the judgement for preparing the necessary papers and thereafter submit the same to Punjab Roadways, Ludhiana which shall process the

case and release the retiral benefits in the next two months.”

2. It is inter alia submitted by learned Senior Counsel for the petitioner that first part of the Writ Court order stands complied with in-

DIVYANSHI

2026.04.21 10:37 I attest to the accuracy and integrity of this document

CM-8013-CII-2026 in/and COCP-3840-2023 (O&M) 3 of 7

as-much as payment of GPA, leave encashment, gratuity et cetera have

been released to the petitioner.

3. It is submitted that however, the respondents have failed to comply with second part of the order dated 15.09.2016 in-as-much as pursuant to the direction of the Writ Court to consider the case of the petitioner for financial assistance/compassionate appointment as per its policy if similar benefits have been extended to other similarly situated persons, the respondents have failed to pass any order. It is contended that till date, respondents have not decided case of the petitioner despite the above said order in favour of the petitioner. It is accordingly prayed that the present Contempt Petition be accepted; and respondents be

punished for wilful disobedience of the order dated 15.09.2016.

4. Per contra, learned counsel for the respondents vehemently opposes submissions made on behalf of the petitioner and firstly raise a preliminary objection that the present contempt petition is not maintainable being barred by limitation. Learned counsel relies upon judgment of this Court passed in Devinder Kaur and others vs. Rishi Pal Singh (IAS), Academic Department, Tha