Sunehri Devi vs State Of Punjab And Others
2023 Latest Caselaw 9401 P&H

                                                       Neutral Citation No:=2023:PHHC:084365




                                         2023:PHHC:084365
113     IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH
                                CWP-12145-2023
                                Date of decision: 05.07.2023
SUNEHRI DEVI
                                                ...Petitioner
                                            V/s
STATE OF PUNJAB AND OTHERS                                         ...Respondents
CORAM: HON'BLE MR. JUSTICE DEEPAK MANCHANDA
Present:Mr. Nitish Singla, Advocate
        for the petitioner.
                      ****

DEEPAK MANCHANDA J. (ORAL) This writ petition has been filed under Article 226/227 of the

Constitution of India seeking issuance of writ in the nature of mandamus

directing the respondents to grant interest @ 9% per annum on the delayed

payments ( i.e. Rs. 2,92,755/-) of pensionary benefits.

Learned counsel for the petitioner contends that husband of the

petitioner i.e. late Sh. Nand Kishor had retired as Clerk from the office of

Executive Officer, Nagar Council, Lehragaga, District Sangrur/respondent No.

4 on 30.09.1990 and had died on 30.10.2009 and after his death the petitioner is

getting the family pension. Learned counsel further contends that petitioner

approached the respondent authorities many times for release of old age

allowance/additional pension on completion of 70, 75, 80 and 85 years in terms

of the instructions dated 17.08.2009 as revised on 22.12.2011 (Annexure P-2)

along with arrears of LTC and revised pension, but the authorities failed to

respond positively. Learned counsel further contends that petitioner submitted

many representations to the respondents and the last representation in this

regard has been submitted on 20.03.2023 Learned counsel has placed reliance

upon the Full Bench judgment of this Court titled as "A.S. Randhawa Vs. State

of Punjab" reported as 1997(3) SCT Page 468. Learned counsel after arguing

for some time confines himself to the limited prayer that representation of the 1 of 2

Neutral Citation No:=2023:PHHC:084365

2023:PHHC:084365

petitioner dated 20.03.2023 (Annexure P-7) submitted to the respondent No. 2

be directed to be decided in a time bound manner.

Notice of motion.

Mr. Rohit Bansal, Sr. DAG Punjab, who is present in the Court,

accepts notice on behalf of respondents and does not object to the prayer made

by learned counsel for the petitioner.

In view of the above and with the consent of both the parties

present petition is disposed of with a direction to the respondent No. 2 to decide

the representation dated 20.03.2023 (Annexure P-7) submitted by the petitioner

within a period of 4 weeks from the date of receipt of certified copy of this

order with a further direction that if the petitioner is found to be entitled to

claim mentioned in his representation, necessary disbursement of interest

component shall be made to the petitioner within a period of 4 months from the

date of decision of the said representation.

                                                     (DEEPAK MANCHANDA)
                                                            JUDGE
05.07.2023
Ajay Goswami


                     Whether speaking/reasoned         Yes
                     Whether reportable                Yes/No




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