Punjab-Haryana High Court
Smt. Kamla Devi vs Uhbvn Ltd. And Others on 29 January, 2014
Author: Daya Chaudhary
Bench: Daya Chaudhary
C.W.P. No. 1646 of 2014 (1)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.W.P. No. 1646 of 2014
DATE OF DECISION: 29.01.2014
Smt. Kamla Devi ..........Petitioner
Versus
UHBVN Ltd. and others ..........Respondents
BEFORE:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY
Present:- Mr. Naveen Daryal, Advocate
for the petitioner.
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DAYA CHAUDHARY, J.
The present petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to release the family pensionary benefits to the petitioner, who is widow of deceased-Ram Kishan, who has expired on 17.10.1988.
Learned counsel for the petitioner contends that husband of the petitioner was working as ALM in the respondent-Department and he expired during service. The petitioner submitted a legal notice (Annexure P-2) on 7.11.2012 for release of family pension and other benefits but neither the benefits have been released to the petitioner nor any action has been taken even on the legal notice, which is annexed as Annexure P-2 with the petition. Learned counsel has also relied upon the judgment of Hon'ble the Apex Court in S.K. Mastan Bee Vs. General Manager, South Pooja Sharma 2014.01.30 10:55 I attest to the accuracy and integrity of this document High Court, Chandigarh C.W.P. No. 1646 of 2014 (2) Central Railway and another (2003) 1 SCC 184 in support of his contentions. Learned counsel also submits that the petitioners would be satisfied in case directions are issued to the respondents to decide her legal notice within some stipulated period.
Notice of motion.
On the asking of the Court, Mr. Mohnish Sharma, Advocate, who is present in Court accepts notice on behalf of the respondents. Two sets of copies of petition be supplied to him during the course of day.
Keeping in view the submissions made by learned counsel for the petitioner and also in view of the limited prayer of the petitioner, the present petition is disposed of with a direction to respondent No.1 to consider the claim of the petitioner in view of the averments made in the legal notice, which is annexed as Annexure P-2 with the petition and take necessary action in accordance with law within a period of one month from the date of receipt of copy of the order. In case, the petitioner is found entitled for the relief claimed in the legal notice, the same be granted to her within a period of two months thereafter.
January 29, 2014 (DAYA CHAUDHARY)
pooja JUDGE
Pooja Sharma
2014.01.30 10:55
I attest to the accuracy and
integrity of this document
High Court, Chandigarh