IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 11538 of 2008 Date of Decision: January 12, 2009 Sukhdei ...... Petitioner Versus State of Haryana and others ...... Respondents Coram: Hon'ble Mr. Justice Ajay Tewari Present: Mr.R.N.Sharma, Advocate for the petitioner. Mr.Ajay Kumar Gupta, Senior DAG, Haryana for the respondents. **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Ajay Tewari, J. The petitioner's husband was working as a Junior Engineer with the respondents since 2.12.1981 on regular basis. On 24.06.1991, having been transferred, he left his house to join duties at his fresh place of posting and did not reach there. He has admittedly been missing since then. The petitioner also filed a civil suit for declaration that her husband had died which was decreed by the Civil Court on 19.5.2007. By this petition the petitioner has sought the family pension on account of the death of her husband while in service. It is being resisted on two grounds. Firstly, it is stated that due to absence the services of the husband of the petitioner were terminated by order dated 03.10.2001. In my opinion that order pales into CWP No. 11538 of 2008 -2- insignificance after decree of the Civil Court declaring that the petitioner has been missing since 24.06.1991 and hence shall be declared to have been dead on 23.6.1998. Any order of termination of service without keeping this factor in mind would necessarily be of no avail. The second ground taken is that in the suit for declaration the State of Haryana was not impleaded. Nothing has been shown to support the proposition that the State of Haryana was either a necessary or proper party especially when the Gram Panchayat was impleaded. In the circumstances this writ petition is allowed and the respondents are directed to compute the family pension and to release the arrears thereof within a period of three months from the date of receipt of a certified copy of this order. In case the same is not done then the said amount would carry interest at the rate of 8% p.a. from the deemed date of death i.e. 23.6.1998. The respondents are further directed to consider the claim of the petitioner for gratuity, leave encasement and ex gratia grant within the said period and pass a speaking order thereon within a period of one month from the date of receipt of a certified copy of this order and in case the petitioner is found entitled to it, the same be released to her along with the arrears of pension within the aforesaid period of three months. Needless to say if these amounts, having been found due are not paid, the same shall also carry interest at the rate of 8% p.a. as stated above. (AJAY TEWARI) JUDGE January 12, 2009 sunita