IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Writ Petition No.3850 of 2010 DATE OF DECISION : JULY 28, 2010 NASIB KAUR ....... PETITIONER(S) VERSUS STATE OF PUNJAB & ORS. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. BK Sharma, Advocate, for the petitioner(s). Mr. BS Chahal, DAG, Punjab. AJAI LAMBA, J. (Oral) This petition under Articles 226/227 of the Constitution of India has been filed praying for issuance of a writ in the nature of mandamus directing the respondents to release family pension to the petitioner. It transpires that Jiwan Singh, husband of the petitioner, was appointed as a Watchman (PR Chowkidar) by respondent No.3 ( District Food and Civil Supplies Controller, Ludhiana). Jiwan Singh served the respondents till 10.4.1990. After retirement, pension was released, which Jiwan Singh claimed till his death on 28.8.1997. It is the case of the petitioner that the petitioner is entitled to Civil Writ Petition No.3850 of 2010 2 family pension, however, the same is not being released despite a number of representations having been made. Reply on behalf of respondents No.1 to 3 has been filed in Court today. The stand of the respondents is that Jiwan Singh was a temporary Chowkidar. The fact that Jiwan Singh was allowed pension till his death on 28.8.1997 is admitted. It is, however, pointed out that in the documents furnished by Jiwan Singh with the department, the name of the petitioner has not been mentioned. Under the circumstances, the respondent-employer is not aware whether the petitioner, indeed, is the widow of Jiwan Singh or not. I have considered the contentions of the learned counsel for the parties. Since it is not disputed that the petitioner, after the death of Jiwan Singh, would be entitled to family pension in lieu of services rendered by Jiwan Singh, I find it proper, in equity, to direct the respondents to hold an inquiry to verify whether the petitioner is the widow of Jiwan Singh or not. In case, the petitioner is found to be widow of Jiwan Singh, the respondents would release the family pension in favour of the petitioner, in lieu of services rendered by Jiwan Singh. This petition is, accordingly, disposed of with directions to the respondents to conclude the inquiry within four months of receipt of certified copy of this order. In case, the petitioner is found to be the widow of Jiwan Singh, the family pension would be released to her within two months Civil Writ Petition No.3850 of 2010 3 thereof. While holding the inquiry, opportunity of hearing would be given to the petitioner. The petitioner would be at liberty to furnish documents in favour of her case, showing her to be the legally wedded wife of Jiwan Singh. Copy of the order be given dasti under the signatures of the Court Reader. July 28, 2010 ( AJAI LAMBA ) Kang JUDGE 1. To be referred to the Reporters or not? Whether the judgment should be reported in the Digest?