CWP-4822-2022

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128

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH

****

CWP-4822-2022

Date of Decision: 10.03.2022

Kulwant Kaur

..... Petitioner

Versus

State of Punjab and others

..... Respondents

CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:

Mr. Jagdish Singh Mahal, Advocate,

for the petitioner.

Mr. Navdeep Chhabra, DAG, Punjab.

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HARSIMRAN SINGH SETHI J. (ORAL)

The present petition has been filed for the grant of full family

pension to the petitioner by the respondents-Authorities.

Learned counsel for the petitioner argues that in the present

case, the petitioner is being released 50% of the family pension, she is

entitled for, on the ground that the petitioner is the second wife of the

deceased. Learned counsel for the petitioner submits that the first wife of

the deceased-husband had already died while he was in service and it is only

thereafter that the present petitioner had married the deceased, therefore,

once the first wife is not alive anymore, the position of grant of only 50% of

the family pension is bad. Learned counsel for the petitioner further submits

that even as per the settled principle of law as laid down by this Court in

CWP-6000-2016, titled as “Daljit Singh Vs. State of Punjab and another”,

decided on 29.01.2020, 100% of the pension is to be paid in favour of the

person who is alive. Learned counsel also submits that in view of the same

APURVA

2022.03.11 19:46

I attest to the authenticity and

integrity of this document

High Court, Chandigarh

CWP-4822-2022

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grievance, as raised by the petitioner in the present petition, the petitioner

has already filed a legal notice dated 03.03.2021 (Annexure P-4), which is

still pending consideration with the Department concerned and the

petitioner will be satisfied at this stage, in case a time bound direction is

given to the respondents to decide the said legal notice by passing an

appropriate order.

Notice of motion.

Mr. Navdeep Chhabra, DAG, Punjab, keeping in view the

advance service of copy of the petition, accepts notice on behalf of the State

and raises no objection, in case prayer made hereinbefore on behalf of the

petitioner for deciding the legal notice dated 03.03.2021 (Annexure P-4) in

a time bound manner is accepted.

Keeping in view the facts and circumstances of this case, the

present petition is disposed of with a direction to the respondents-

Authorities to pass an appropriate speaking order on the legal notice dated

03.03.2021 (Annexure P-4), filed by the petitioner, within a period of eight

weeks from the date of receipt of the copy of this order. In case, the

petitioner is found entitled for the relief, the same be also released in her

favour within a period of next four weeks of passing of the said order on her

legal notice dated 03.03.2021 (Annexure P-4).

10.03.2022

(HARSIMRAN SINGH SETHI)

Apurva

JUDGE

1. Whether speaking/reasoned :

Yes

2. Whether reportable

:

No

APURVA

2022.03.11 19:46

I attest to the authenticity and

integrity of this document

High Court, Chandigarh