Shaveta Sharma & Anr vs Punjab State Power Corporation ...
2023 Latest Caselaw 503 P&H

                          218
      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                              CWP-2350-2018
                                              Date of Decision: 11.01.2023

SHAVETA SHARMA & ANR.

                                                               ....Petitioner(s)
                                    Versus


PUNJAB STATE POWER CORPORATION LTD & ORS

                                                             .....Respondent(s)


CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI

Present:    Ms. Namita Talwar, Advocate, for
            Mr. R.K. Arroa, Advocate, for the petitioners.

            Mr. Sukhcharan Sra, Advocate for
            Mr. Abhilaksh Grover, Advocate,
            for the respondents.

                ****
JASGURPREET SINGH PURI, J. (Oral)

The present petition has been filed under Article 226/227 of

the Constitution of India seeking a writ in the nature of Certiorari

/Mandamus or any other writ, order or directions for quashing of the

memo dated 15.01.2018 (Annexure P-11) whereby the claim for the grant

of family pension has been declined to the petitioners.

Learned counsel appearing on behalf of the petitioners has

submitted that the father of the petitioners namely Sh. Uggar Sain was

working as Lineman on regular basis in the Erstwhile Punjab State

Electricity Board (Now Punjab State Power Corporation Limited) and

unfortunately he died on 30.01.2005. The mother of the petitioners had

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predeceased her husband on 10.08.2001. The present petitioners were

entitled for the grant of family pension but the same was wrongfully denied

to the petitioners by way of issuance of memo dated 15.01.2018 vide

Annexure P-11. She submitted that however during the pendency of the

present petition the family pension of the petitioners has been granted and

now arrears of salary has been paid to the petitioners in the year 2019. She

submitted that the family pension of the petitioners has been wrongly

denied by the respondents and they have themselves now granted the

family pension and the petitioners are therefore entitled for the grant of

interest on the arrears of payment which have been paid to them after a

lapse of about 7 years. She has relied upon a Full Bench judgment of this

Court in A.S. Randhawa Versus State of Punjab and others, 1997(3) SCT

468 (F.B.) in this regard. She submitted that the father of the petitioners

had died in the year 2005 but as per the affidavit filed by the Corporation it

has been calculated w.e.f. 2012.

Mr. Sukhcharan Sra, Advocate appearing on behalf of Mr.

Abhilaksh Grover, Advocate for the respondents has submitted that a short

affidavit has been filed by the Additional S.E, East Division Batala dated

07.01.2023 and while referring to the affidavit, he submitted that the

arrears have now been paid to the petitioners on 31.03.2019 and 01.10.2019

and has submitted that he has sought instructions to state that the family

pension has now been granted to the petitioners. He submitted that now

the entire arrears have been paid to the petitioners which amounts to Rs.

18,06,412/- and no due is pending towards the respondents and therefore,

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the present petition has become infructuous.

I have heard the learned counsel for the parties.

The prayer in the present petition was for grant of family

pension to the petitioners on account of death of their father in the year

2005. As per the affidavit filed by the Corporation, the arrears have been

paid to the petitioners from the period 2012 to 2019. Learned counsel for

the Corporation has stated that the family pension has already been

sanctioned to the petitioners. However, it appears that the father of the

petitioners had died in the year 2005 but arrears have been given w.e.f.

2012 and secondly, as per the learned counsel for the parties, no interest

has been given on the same.

In view of the aforesaid position, the present petition is

disposed of with a direction to the respondent-Corporation to re-calculate

the arrears of pension and all the other benefits in accordance with law

considering the time from where the right accrues to the petitioners for

grant of arrears and pass a speaking order with regard to the same within a

period of one month from today.

It is further directed that on the entire amount of arrears an

interest @ 6% p.a. shall be paid to the petitioners within a period of next

one month.

11.01.2023                        (JASGURPREET SINGH PURI)
rakesh                                       JUDGE

         Whether speaking                      :      Yes/No
         Whether reportable                    :      Yes/No




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