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Punjab-Haryana High Court

Smt. Reshama Devi vs State Of Punjab & Others on 15 October, 2008

Bench: Ashutosh Mohunta, Rajan Gupta

CWP No.14070 of 2008                    1



    IN THE HIGH COURT FOR THE STATES OF PUNJAB &
              HARYANA AT CHANDIGARH.

                                      CWP No.14070 of 2008
                                      Date of decision: 15.10.2008

Smt. Reshama Devi                                  ...Petitioner

                           Versus

State of Punjab & others                           ...Respondents

CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. SPS Tinna, Advocate, for the petitioner.

Mr. B.S. Chahal, DAG, Punjab for respondents No.1 to 3. Mr. C.M. Sharma, Advocate, for respondent No.4. Ashutosh Mohunta, J. (oral) The petitioner is the widow of one Tara Chand, who was working as Safai Sewak in the office of Municipal Council, Abohar. Tara Chand died on 21.2.2007. After his death, the petitioner filed representation seeking the retiral benefits which had accrued to her husband. However, till date, the retiral benefits, which had accrued to the husband of the petitioner have not been released by respondent No.4 despite the fact that Tara Chand had worked for more than 25 years with Municipal Council, Abohar.

Learned counsel for respondent No.4 states that the financial position of the Municipal Council, Abohar is not sound and, therefore, some time be granted to pay the retiral dues which had accrued to the husband of the petitioner.

After hearing learned counsel for the parties, we are of the CWP No.14070 of 2008 2 opinion that as the husband of the petitioner has died in harness after having putting in 25 years of service, therefore, there is no reason why they should delay the payment of retiral dues which had accrued to the husband of the petitioner.

In view of the above, we direct respondent No.4 to release all the retiral dues as admissible, within a period of three months from the date of receipt of certified copy of this order.

Copy of this order be given dasti.

(ASHUTOSH MOHUNTA) JUDGE (RAJAN GUPTA) JUDGE October 15, 2008 'rajpal'