Mukhtiar Kaur & Ors vs State Ofpunjab & Ors
2024 Latest Caselaw 14102 P&H

Punjab-Haryana High Court

Mukhtiar Kaur & Ors vs State Ofpunjab & Ors on 7 August, 2024

                                    Neutral Citation No:=2024:PHHC:101405




      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

205
                                              CWP-17267-1997 (O&M)
                                              Date of decision: 07.08.2024

Mukhtiar Kaur (since deceased)
through her LRs and others                                    ....Petitioners

                                    Versus

State of Punjab and others                                   ...Respondents

CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present:    Ms. Anamika Sheoran, Advocate for
            Mr. Vikas Singh, Advocate for the petitioners.

            Mr. Teevar Sharma, AAG, Punjab.

            Mr. Amit Singh Sethi, Advocate for respondent No.2.

NAMIT KUMAR J. (Oral)

1. The petitioners have filed the instant writ petition under

Article 226 of the Constitution of India seeking a writ of mandamus,

directing the respondents to release family pension along with arrears

and interest @ 18% per annum to the petitioners by taking into

consideration the service rendered by their respective husbands.

2. On the last date of hearing i.e. 08.04.2024, the following

order was passed :-

"Learned counsel for the petitioners submits that the present petition is squarely covered by the Division Bench judgment of this Court dated 09.12.2004 in CWP-13555- 1994 (Annexure P-5) which has been upheld by the Hon'ble Supreme Court in Civil Appeal No.4951 of 2009 titled as The State of Punjab and Another Versus Mohinderjit Kaur (D) TH. L.R, decided on 17.08.2017 (Annexure P-6).

Learned State counsel seeks time to get instructions.

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Neutral Citation No:=2024:PHHC:101405

On his request, adjourned to 07.08.2024."

3. Learned State counsel, on instructions from the department,

has confirmed the abovesaid legal proposition.

4. In this view of the matter, the present petition is allowed in

the same terms as in CWP-13555-1994 titled as 'Phoola Rani Vs. State

of Punjab' decided on 09.12.2004 which has been upheld by the

Hon'ble Supreme Court in Civil Appeal No.4951 of 2009 titled as 'The

State of Punjab and Another Versus Mohinderjit Kaur (D) TH. L.R',

decided on 17.08.2017 and followed by this Court in CWP No.28133 of

2019 titled as 'Dalip Kaur and others Vs. State of Punjab and others'

and other connected cases decided on 14.11.2023.

                                                      (NAMIT KUMAR)
                                                          JUDGE
07.08.2024
kothiyal
             Whether speaking/reasoned:               Yes/No
             Whether reportable:                      Yes/No




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