C.W.P. No. 8169 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 8169 of 2011 Date of Decision : May 09, 2011 Dimple Devi wd/o Late Sh.Raj Kumar .... PETITIONER Vs. State of Punjab and others ..... RESPONDENTS CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH * * * Present : Mr. P.K.Goklaney, Advocate, for the petitioner. * * * AUGUSTINE GEORGE MASIH, J. (ORAL) Counsel for the petitioner contends that the husband of the petitioner, who was working as a Safai Karamchari with the Municipal Council, Kotkapura, District Faridkot, died on 30.03.2009 during service. While granting the retiral benefits, the amount of gratuity paid to her has not been calculated as per the required formula under the Payment of Gratuity Act, 1972 and, therefore, much more amount should have been paid instead of ` 50,000/-, which has been paid to her. He further contends that arrears of salary have also not been paid to her, which she is entitled to. Apart from this, ex-gratia, as per the instructions dated C.W.P. No. 8169 of 2011 2 13.10.2010, has also not been paid to the petitioner. Claiming this benefit along with 12% interest, the petitioner has served a legal notice dated 09.12.2010 (Annexure P-2) through her counsel, which, till date, has not been considered or decided by the respondents. He prays that the petition may be disposed of with directions to the Executive Officer, Muncipal Council, Kotkapura, District Faridkot-respondent No. 3 to consider and decide the same within some specified time. Without going into the merits of the case or commenting thereon, the present writ petition is disposed of with directions to the Executive Officer, Muncipal Council, Kotkapura, District Faridkot- respondent No. 3 to consider and decide the legal notice dated 09.12.2010 (Annexure P-2) within a period of three months' from the date of receipt of a certified copy of this order. In case, the petitioner is found entitled to the claim made therein, the dues be calculated and disbursed to her within a further period of two months. In case, the claim is rejected, a speaking order be conveyed to the petitioner forthwith. (AUGUSTINE GEORGE MASIH ) May 09, 2011 JUDGE pj