IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.433 of 2010 (O&M) Date of Decision : 13.01.2010 Jasbir Kaur .....Petitioner versus State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Onkar Singh, Advocate, for the petitioner. Ms.Charu Tuli, Sr.DAG, Punjab. -.- 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? --- Surya Kant, J. (Oral) Notice of motion. Ms.Charu Tuli, Senior Deputy Advocate General, Punjab, accepts notice on behalf of the respondents. In view of the nature of the order which I propose to pass, there is no necessity to file any counter reply on behalf of the respondents at this stage. In this writ petition, the petitioner who is widow of late Sh.Kuldeep Singh, seeks a mandamus directing the respondents to release family pension in her favour. C.W.P.No .433 of 2010 (O&M) 2 The petitioner's husband joined the Indian Army on July 9, 1976 and was discharged on 31.8.1993 after rendering more than 17 years' of his service. The petitioner's husband thereafter joined in the Ranjit Sagar Dam as a Dumper Driver on 13.10.1995 and remained posted as such in the Executive Engineer Workshop, Division No.1, Shahpur Kandi. In the year 2000, husband of the petitioner was sent on deputation with the Pepsu Road Transport Corporation where unfortunately he met with a road accident and died on 20.9.2000. The petitioner's case is that a sum of Rs.42,300/- only has been paid to her towards death cum-retirement gratuity but no other retiral benefits, to which she is entitled to, have been released so far. The petitioner made representations to the respondents time and again (Annexures P-5 & P-6) but all in vain. Having heard learned counsel for the parties for some length and taking into notice of the total service rendered by the petitioner's husband as a Dumper driver, prima-facie, it appears that the petitioner fulfills the eligibility condition for grant of the pensionary benefits including family pension and there ought not to be any legal embargo against the release thereof. The writ petition is accordingly dispose of with a direction to the respondents to consider and dispose of the petitioner's representations for the release of family pension and other benefits due to death of her husband and release the necessary benefits as early as possible but not later than 4 months from the date of receiving a certified copy of this order. In C.W.P.No .433 of 2010 (O&M) 3 the event of further delay, the petitioner shall be entitled to claim penal interest also. Dasti. 13-01-2010 (SURYA KANT) Mohinder JUDGE