Punjab-Haryana High Court
Surinder Kaur vs State Of Punjab And Others on 4 August, 2023
Neutral Citation No:=2023:PHHC:100760
2023:PHHC:100760
In the High Court for the States of Punjab and Haryana
At Chandigarh
CWP-16807-2023
Date of decision : 04.08.2023
Surinder Kaur ...Petitioner
Vs.
State of Punjab and others ...Respondents
CORAM:- HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present: Mr. B.S.Sidhu, Advocate for the petitioner.
***
GURVINDER SINGH GILL, J. (Oral)
1. The petitioner herein, who is widow of Lt.Sh.Harkewal Singh, who died while
serving as Constable in Punjab Police on 12.02.2011 seeks issuance of
directions to the respondents to grant family pension along with interest on
account of death of her husband, who died in harness.
2. The learned counsel for the petitioner submits that her husband had initially
been appointed as SPO on 29.03.1994 and his services were regularized on
28.02.2007. The petitioner has been declined the benefit of pension on the
ground that all the employees, who had been appointed after one month 2004
were to be governed under the new pension scheme i.e. Contributory Pension
Scheme. It has been submitted that as a matter of fact, the service rendered by
petitioner's husband was to be treated as qualifying service and consequently it
is the old pension scheme, which would be applicable in the present case. It has
been submitted that the case of the petitioner is squarely covered by judgment
dated 28.04.2022 (Annexure P-8) rendered by this Court in CWP-11464-2020,
titled as "Kuldeep Kaur Vs. State of Punjab and others".
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3. Notice of motion.
4. At this stage, Mr. Inderpreet Singh Kang, AAG, Punjab, upon whom an
advance copy of petition had already been served, accepts notice on behalf of
the respondent-State. He has submitted that the case of the petitioner shall be
considered in accordance with law in light of latest pronouncements of this
Court.
5. Having regard to the facts and circumstances of the case, but without
commenting anything as regards the merits of the case, the instant petition is
disposed of with a direction to respondents to consider and dispose of the legal
notice(s)/representation dated 13.10.2020 and 19.05.2022 (Annexure P-7) in
accordance with law expeditiously preferably within a period of 3 months from
today. In case, it is found that the petitioner is entitled to family pension as per
the old pension scheme, the entire benefits flowing from the same including the
interest on account of delay shall be paid within a period of two months from
taking such decision.
6. A copy of this order along with copy of legal notice(s)/representation dated
13.10.2020 and 19.05.2022 (Annexure P-7) be sent to respondents for
necessary compliance.
( Gurvinder Singh Gill )
Judge
04.08.2023
vanita
Whether speaking/reasoned : Yes No
Whether Reportable : Yes No
Neutral Citation No:=2023:PHHC:100760
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