Punjab-Haryana High Court
Vdyawanti And Ors vs State Of Haryana And Ors on 15 January, 2014
Bench: Jasbir Singh, Harinder Singh Sidhu
LPA No.1464 of 2013(O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
LPA No. 1464 of 2013 (O&M)
Date of Decision : 15.01.2014
Vdyawanti and ors ... Appellants
Versus
State of Haryana and ors. .... Respondents
CORAM:HON'BLE MR. JUSTICE JASBIR SINGH
HON'BLE MR.JUSTICE HARINDER SINGH SIDHU
Present: Mr. Surinder Gaur, Advocate
for the appellants.
Mr. Girish Bhardwaj, Advocate
for Mr. Arun Walia, Advocate
for respondents No.3 and 4.
Mr. Gaurav Garg Dhuriwala, DAG, Haryana
for respondents-State.
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JASBIR SINGH, J.(Oral)
C.M.No.3724-LPA of 2013 For the reasons mentioned in the application, delay of 334 days in filing the appeal, is condoned.
Application stands disposed of accordingly. LPA No.1464 of 2013 Ramesh Chander, since deceased, filed Civil Writ Petition No.3428 of 2010 claiming release of family Kumar Dinesh 2014.01.23 12:31 I attest to the accuracy and integrity of this document High Court,Chandigarh LPA No.1464 of 2013(O&M)
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pension/pensionary benefits. The said writ petition was dismissed having become infructuous by learned Single Judge of this Court vide order dated 05.07.2012, which reads thus:-
"In view of the affidavit filed, learned counsel for the petitioner states that grievance of the petitioner has been met and he does not want to proceed with this petition further."
The above said order was passed on the basis of the affidavit filed by respondent No.4- Executive Engineer, HUDA, Division, Rewari wherein it was stated that the entire amount towards pensionary benefits stood paid to the petitioner. It is stated that on examination of the affidavit filed, it transpired that service rendered by Ramesh Chander, since deceased in another department was not taken note while calculating amount of family pensions.
Application for review of order dated 05.07.2012 filed by Ramesh Chander, was also dismissed on technical grounds.
During the course of arguments, it transpired that service rendered by Ramesh Chander in another department has not been added while calculating amount of family pension. Now the appellants, who are the legal heirs of the deceased-Ramesh Chander, want decision on merits.
Under these circumstances, we allow this appeal and the order dated 05.07.2012 passed by learned Single Judge dismissing the writ petition and the order dated 07.05.2013 dismissing review application are set aside and the matter is remitted to learned Single Judge for fresh decision as per law.
Kumar Dinesh 2014.01.23 12:31 I attest to the accuracy and integrity of this document High Court,Chandigarh LPA No.1464 of 2013(O&M)
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Nothing said in this order shall have any bearing on the merits of the case.
(JASBIR SINGH ) JUDGE ( HARINDER SINGH SIDHU ) JUDGE 15.01.2014 dinesh Kumar Dinesh 2014.01.23 12:31 I attest to the accuracy and integrity of this document High Court,Chandigarh