Punjab-Haryana High Court
Dalip Singh vs State Of Punjab And Others on 21 November, 2023
Neutral Citation No:=2023:PHHC:147762
2023:PHHC:147762
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
106
CWP-4607-2023
Date of decision: 21.11.2023
DALIP SINGH .........Petitioner
VERSUS
STATE OF PUNJAB AND OTHERS ........Respondents
CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ
*****
Present:- Mr. H.S. Thiara, Advocate for the petitioner.
Mr. Saurav Verma, Addl. A.G. Punjab.
*****
VINOD S. BHARDWAJ, J. (Oral)
1. Prayer made in the present writ petition is for directing
respondents No.2 to 4 to release the previous arrears of minimum
monthly grant to the petitioner.
2. The claim of the petitioner was that he had served the
Indian Army w.e.f. 02.11.1977 to 24.09.1984 thereafter he was
dismissed from service due to his revolt pursuant to the operation Blue
Star.
3. Considering his previous service record, he was ordered to
be paid minimum monthly grant which he was receiving till 15.08.1990
but thereafter the same was discontinued as the petitioner had gone
abroad. He returned in the year 2009 and approached the respondent-
authorities for release of the minimum monthly grant which is not been
restored despite numerous representations submitted by the petitioner.
It is also submitted that the petitioner was thereafter implicated in
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Criminal FIR No. 106 dated 21.04.2013 and was convicted vide
judgment dated 01.04.2015 passed by the Additional Sessions Judge,
Hoshiarpur. Criminal Appeal D-1061-DB-2015, has already been filed
against the above said judgment of conviction and order of sentence
and that the sentence of the petitioner has been suspended vide order
dated 28.05.2018. A representation was submitted by the petitioner for
release and restoration of his monthly grant, however, no decision has
bene taken thereupon. Consequently, the present writ petition has been
filed.
4. On the asking of the Court, learned State counsel has
sought instructions from the Department and refers to the copy of the
order issued by the Deputy Secretary, Defence Services Welfare, Govt.
of Punjab bearing Memo No. 38 (118)-3DW-85/594 dated 14.01.1986
which was substituted vide Endst. bearing No. 2237-3SWI-86/3140
dated 05.05.1986 as per which sanction was accorded to the payment of
Rs. 63 lakhs to the Punjab Defence and Security Relief Fund to meet
the expenditure to be incurred on rehabilitation of the armed forces
personnel belonging to the State of Punjab or to a State other than
Punjab who are discharged from service in the aftermath of operation
Blue Star to bring back the said personnel in the main stream of
national life and to provide relief to their families. A minimum monthly
grant of Rs. 500 was stipulated thereunder to the personnel who were
awarded punishment of dismissal/discharge from service.
5. Learned State counsel further contends that the petitioner
was however convicted in a criminal offence wherein his conviction
has not been stayed and only the said sentence has been suspended. A
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perusal of the policy, however, does not refer to any such ineligibility
of a person entitled to the minimum monthly grant on account of his
conviction in any criminal case. It is also not in dispute that the
petitioner was earlier being given the benefit of minimum monthly
grant under the above said policy.
6. Taking into consideration, the totality of the circumstances
as well as the fact that the above said order dated 05.05.1986 prima
facie entitles the petitioner for grant of the minimum monthly
maintenance grant and that the respondent-State was itself disbursing
the above said grant prior to 1990. I deem it appropriate to dispose of
the present writ petition by directing the respondents to treat the present
writ petition as a representation on behalf of the petitioner and to pass a
speaking order thereupon within a period of 03 months of a receipt of
certified copy of this order.
7. Needless to mention that in the event any amount is found
payable, the same shall be released forthwith and preferably within a
period of 03 months of such a decision being taken by the respondent-
authorities.
The writ petition is accordingly disposed of.
(VINOD S. BHARDWAJ)
JUDGE
NOVEMBER 21, 2023
Vishal sharma
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2023:PHHC:147762
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