Punjab-Haryana High Court
Bhan Singh vs State Of Punjab And Others on 28 October, 2013
C.W.P. No.23593 of 2013 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
C.W.P. No.23593 of 2013
Date of decision : 28.10.2013
Bhan Singh ...... Petitioner
versus
State of Punjab and others ...... Respondents
CORAM : HON'BLE MR.JUSTICE AJAY TEWARI
***
Present : Mr. Dinesh Kumar, Advocate
for Mr. B.S. Jaswal, Advocate
for the petitioner.
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1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
AJAY TEWARI, J. (Oral)
The son of the petitioner, who was a Constable, died on 24.11.1986 on active duty, fighting against terrorism. The petitioner was granted special family pension. Thereafter on 14.09.1998 Government made a policy to grant extra ordinary pension to the families of those Government employees who died as a result of attack during action against extremist dacoits etc. while performing their duties. The Director General of Police further issued a letter on 28.01.2003 saying that the pension of those deceased employees who died while performing their duties will be revised w.e.f. 01.01.1996. The petitioner now alleges that his pension has been revised on lesser side and not as per the notional revision of pay as per Sharma Ashish 2013.10.29 14:08 I attest to the accuracy and integrity of this document Chandigarh C.W.P. No.23593 of 2013 -2- Government instructions. He has also served a legal notice dated 01.08.2013 (Annexure P-5) in this regard but no action has been taken thereon.
Learned counsel for the petitioner states that the petitioner would be satisfied at this stage if in the first instance a direction is issued to the respondents No.2 & 4 to decide his legal notice (Annexure P-5) within any reasonable time by passing a speaking order thereon.
I find this to be a fair request. In the circumstances this petition is disposed of with a direction to respondents No.2 & 4 to decide the legal notice (Annexure P-5) of the petitioner within a period of two months from the date of receipt of a certified copy of this order and in case any amount is found due to the petitioner, the same be released to him within a period of one month thereafter, failing which, he would be entitled to claim any due amount/s along with interest at the rate of 8% p.a. from the date/s it fell due till payment.
Since the main case has been decided, the pending civil miscellaneous application, if any, also stands disposed of.
( AJAY TEWARI )
October 28, 2013 JUDGE
ashish
Sharma Ashish
2013.10.29 14:08
I attest to the accuracy and
integrity of this document
Chandigarh