CWP No.2004 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.2004 of 2010 Date of Decision: 05.02.2010 **** Alla Devi and others . . . . Petitioners VS. State of Punjab and others . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 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? **** Present: Mr. Tribhawan Singla, Advocate for the petitioner ***** SURYA KANT J. (ORAL) (1). The husband of the petitioner No.1 and father of petitioner No.2 & 3 was serving as a Peon in the office of District and Sessions Judge, Patiala. He suddenly disappeared in January, 2000. A charge-sheet was issued which was obviously not served on him though was deemed to have been served through a notice published in the newspapers. An ex parte enquiry was held and a resultant dismissal order, on the ground that he was absent from duty, was passed on 12th February, 2001 (Annexure P2). CWP No.2004 of 2010.doc - 2 – (2). The petitioners have now obtained a Civil Court decree on 23rd December, 2008 (Annexure P1), declaring the ‘civil death’ of their Predecessor-in- interest. On the basis of the said declaration, the petitioners applied for retiral/service benefits which have been denied to them on the ground that their Predecessor-in-interest had been dismissed from service on 12.02.2001. (3). Aggrieved the petitioners have approached this Court. (4). In my considered view, unless the dismissal order is set aside, the petitioners cannot be granted the service benefit admissible on the ‘civil death’ of their Predecessor-in-interest. The order of dismissal being appealable, I deem it appropriate to dispose of this writ petition with liberty to the petitioners to file a statutory appeal before the competent authority within a period of one month from the date of receipt of certified copy of this order. The petitioners would be at liberty to explain the inordinate delay in filing of the said appeal on the strength of the Civil Court decree dated 23rd December, 2008. Having regard to the mitigating circumstances and the hardship being faced by the petitioners, it would be appreciated if CWP No.2004 of 2010.doc - 3 – the Appellate Authority condones the delay and decide the appeal on merits as early as possible preferably within three months from the date of its submission. The fate of the appeal would determine the further consequences. (5). Ordered accordingly. (6). Dasti . (SURYA KANT) JUDGE 05.02.2010 vishal shonkar