Punjab-Haryana High Court
Sheela Rani vs State Of Punjab And Others on 20 December, 2022
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
106 CWP No.29452 of 2022
Date of decision: 20.12.2022
Sheela Rani
....Petitioner
V/s
State of Punjab and others
....Respondents
CORAM: HON'BLE MR. JUSTICE VIKAS SURI
Present: Mr. Rahul Arora, Advocate for the petitioner.
VIKAS SURI, J. (Oral)
This petition is preferred under Article 226/227 of the
Constitution of India seeking a writ in the nature of mandamus directing the
respondents to calculate and release the full and final benefits such as death
gratuity, leave encashment, arrears of salary of the husband of the petitioner
(Dwarka Dass), who died in harness on 13.06.2021 while working at the
post of Sewadar/Peon with the sixth respondent i.e. Zira Cooperative
Marketing-cum-Processing Society Limited.
It is averred in the petition that husband of the petitioner whose
date of birth is 01.03.1963, was appointed with the sixth respondent as
Sewadar/Peon on 24.09.1997 and at the time of his death, he had put in
about more than 23 years of service. After the demise of the husband of the
petitioner, nothing has been paid to the petitioner or to any of the legal heirs.
It is submitted that the other legal heir being the son of the petitioner, has
already given his no objection for disbursing the terminal benefits in favour
of the petitioner. There is no impediment in releasing the above noticed
service benefits. It is also urged that the respondent-Society is also liable to
pay interest on delayed payment of arrears in view of the law settled by the
judgment rendered by the Full Bench of this Court in A.S. Randhawa vs.
State of Punjab and others, 1997(3) SCT 468 (FB).
Learned counsel appearing for the petitioner, on instructions,
submits that the petitioner would be satisfied, at this stage, in case a time
KAPIL
2022.12.21 12:51
I attest to the accuracy and
authenticity of this document
Punjab & Haryana High Court,
Chandigarh
CWP-29452-2022 2
bound direction is issued to the competent authority to decide the legal
notice dated 03.11.2022 (Annexure P-3), in a time bound manner.
Notice of motion to that limited extent.
At the asking of the Court, Ms. Ambika Bedi, AAG, Punjab has
put in appearance on behalf of respondent Nos.1 to 5 and waives service. A
copy of the petition was supplied to her in advance. She raises no objection
to the limited prayer made for a decision on the legal notice within stipulated
time.
Heard learned counsel for the parties.
Keeping in view the limited prayer made but without
expressing any opinion or going into the merits of the case or the claim
being made by the petitioner in the present petition or in the legal notice,
respondent No.2/ Competent Authority is directed to consider and decide the
claim made in the legal notice dated 03.11.2022 (Annexure P-3), as well as
the claim for interest on delayed payment of arrears, in accordance with law,
by passing a speaking order within a period of six weeks from the date of
receipt of certified copy of this order.
Needless to observe that in case, after the decision, petitioner is
found entitled for any benefits, the same be paid to her within a period of
four weeks thereafter, as per law.
The petition stands disposed of in the aforesaid terms.
(VIKAS SURI)
JUDGE
December 20, 2022
Kapil
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
KAPIL
2022.12.21 12:51
I attest to the accuracy
authenticity of this docu
Punjab & Haryana High
Chandigarh
and
ment
Court,
