Punjab And Ors vs Harbans Lal)
2021 Latest Caselaw 6237 Ori

                                W.P.(C) No. 16876 of 2021




02.   09.06.2021           This matter is taken up by video conferencing
                   mode.
                           Heard learned counsel for the parties.
                           The petitioner has filed this writ petition seeking
                   direction to opposite parties no.1 and 2 to grant family
                   pension to the petitioner w.e.f. 01.10.2020 in terms of
                   Rules-3 and 8(2)(b) of the Orissa Aided Educational
                   Institutions' Employees Retirement Benefit Rules, 1981
                   as well as the judgments passed by the Division Bench of
                   the Punjab and Haryana High Court in the case of
                   Harbans Lal v. The State of Punjab and Ors., (CWP No.
                   2371 of 2010 decided on 31.08.2010), which has been upheld
                   by the Hon'ble apex Court in SLP(C) No.23578 of 2012 [SLP(C)
                   CC No.17901 of 2011] disposed of on 30.07.2012 (State of
                   Punjab and Ors. Vs. Harbans Lal), and also in the case of
                   Jeewan Lata v. State of Punjab and others (CWP No. 10238
                   of 2017 (O&M) decided on 10.05.2019).
                           In course of hearing, learned counsel for the
                   petitioner states that highlighting the grievance, the
                   petitioner has made representation to the opposite party
                   no.1 vide Annexure-6 and direction be given to the said
                   opposite party to consider and dispose of the same in the
                   light of the judgments referred to above.
                           In view of the aforesaid limited grievance of the
                   petitioner, this Court disposes of the writ petition
                   directing the opposite party no.1 to take a decision on the
                   representation filed by the petitioner vide Annexure-6 and
                   pass appropriate order in accordance with law, taking
                   into consideration the judgments passed by the Division
         Bench of the Punjab and Haryana High Court in the case
        of Harbans Lal v. The State of Punjab and Ors., (CWP No.
        2371 of 2010 decided on 31.08.2010), which has been upheld
        by the Hon'ble apex Court in SLP(C) No.23578 of 2012 [SLP(C)
        CC No.17901 of 2011] disposed of on 30.07.2012 (State of
        Punjab and Ors. Vs. Harbans Lal), and also in the case of
        Jeewan Lata v. State of Punjab and others (CWP No. 10238
        of 2017 (O&M) decided on 10.05.2019), within a period of
        three months from the date of production of certified/
        authenticated copy of this order by the petitioner.
                As the restrictions due to resurgence of COVID-
        19 situation are continuing, learned counsel for the
        parties may utilize a print out of the order available in the
        High Court's website, at par with certified copy, subject
        to attestation by the concerned advocate, in the manner
        prescribed, vide Court's Notice No.4587 dated 25th
        March, 2020, as modified by Court's notice no. 4798
        dated 15th April, 2021.

                                             ...............................

Ashok (DR. B.R. SARANGI) JUDGE