RSA No.907 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RSA No.907 of 2007 Date of Decision: 17.9.2008 Phoolwati .....Appellant Vs. Jarnailo and others ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. R.S. Mamli, Advocate for the appellant. Mr.Onkar Rai, Advocate for the respondents. ... RAJIVE BHALLA, J (Oral) This order shall dispose of RSA Nos.907 and 908 of 2007, as they arise from a common judgement and decree dated 29.11.2005, passed by the Additional District Judge, Jagadhri. The dispute relates to the inheritance to the retiral/terminal benefits of one Mam Chand. Smt. Phoolwati, appellant and Smt.Jarnailo- respondent no.1 claim to be widows of Mam Chand, deceased. The learned Court rejected the claim of both Smt. Phoolwati and Smt. Jarnailo but the first appellate Court held that Smt. Jarnailo was the widow of Mam Chand and, therefore, entitled to the terminal benefits alongwith respondents no.2 to 4. During the pendency of the appeal, however, better sense has prevailed upon the parties and with the able assistance of their counsel, they have resolved the dispute, as is reflected in the compromise deed filed in RSA No.907 of 2007 2 Court and supported by the affidavit of Smt.Jarnailo, widow of Mam Chand. The compromise is taken on record as mark `A' and the affidavit as Mark `B'. The appellant, Smt. Phoolwati, is present in Court and has been identified by her counsel. She states that she accepts Smt. Jarnailo as the widow of Mam Chand, if Smt.Jarnailo gives up her claim towards gratuity, leave encashment, provident fund and any other amount due on account of the demise of Mam Chand. Smt.Jarnailo, who is present in Court has been identified by her counsel states that she gives up her claim to gratuity, leave encashment, provident fund and any other amount due on account of the demise of Mam Chand and has no objection, if the concerned department pays the aforementioned dues to Smt.Phoolwati. As a consequence, Smt. Phoolwati states that she would have no objection, if the ex-gratia financial assistance/appointment and family pension are released to Smt.Jarnailo. In view of the above statements, counsel for the parties pray that the decree passed by the first appellate Court be modified in terms of the statements made by Smt. Phoolwati and Smt. Jarnailo. I have heard heard counsel for the parties, perused the compromise mark `A' and the affidavit mark `B' filed by Smt. Jarnailo, the statements made by Smt. Phoolwati and Smt. Jarnailo. I find no reason to doubt the bonafides of the statements or the affidavit filed by Smt. Jarnailo and as parties have agreed to resolve their dispute in terms referred to herein above, the appeals are partly allowed and the judgement and decree passed by the first appellate Court is modified in the following terms :- (a) Smt.Jarnailo is the widow of Mam Chand; RSA No.907 of 2007 3 (b) Smt.Phoolwati would receive the gratuity, leave encashment, provident fund and any other amount that is payable by the concerned department, on account of the demise of Mam Chand. Smt. Jarnailo has no objection to the above payments; (c ) ex-gratia financial assistance/compassionate appointment and family pension shall fall to the share of Smt.Jarnailo alone and Smt.Phoolwati has no objection to this arrangement; (d) this modification shall not affect the relief granted to respondents no.2 to 4. Decree sheet be drawn up accordingly. No order as to costs. 17.9.2008 (RAJIVE BHALLA) GS JUDGE RSA No.907 of 2007 4 Statement of Smt.Jarnail widow of Mam Chand, resident of Village Bilaspur, P.O. Banaundi, Tehsil Naraingarh,Distt. Ambala on S.A. ... I am the widow of Mam Chand. I have no objection, if the gratuity, leave encashment, provident fund and any other amount that is payable by the concerned department on account of the demise of Mam Chand is paid to Smt.Phoolwati. The other benefits, namely, compassionate appointment, ex-gratia payment and family pension be granted to me. I have compromised my dispute with Smt.Phoolwati, and therefore, pray that the decree passed by the first appellate Court be modified in terms of our compromise and in terms of my affidavit mark 'A'. RO&AC (RAJIVE BHALLA) 17.9.2008 JUDGE RSA No.907 of 2007 5 Statement of Smt.Phoolwati d/o Tulsi Ram, resident of Kalawar, Tehsil Jagadhri, Distt. Yamuna Nagar on S.A. ... I have entered into a compromise with Smt.Jarnailo. I have no objection, if Smt.Jarnailo receives the benefits like compassionate appointment, ex-gratia financial assistance and family pension payment. I have settled my differences with Smt.Jarnailo and pray that the judgement and decree passed by the first appellate Court be modified in terms of my statement and the affidavit filed y Smt.Phoolwati. RO&AC ( RAJIVE BHALLA ) 17.9.2008 JUDGE