C.W.P No. 3696 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P No. 3696 of 2011 Date of Decision 01 .03.2011 Harvinder Kaur Petitioner versus State of Punjab and others Respondents CORAM:- HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.Liaqat Ali, Advocate for the petitioner. *** PERMOD KOHLI, J. (ORAL) Notice of motion. Ms.Charu Tuli, Senior Deputy Advocate General,Punjab, has been asked to accept notice on behalf of the respondents. Keeping in view the nature of relief claimed and with the consent of learned counsel for the parties, this petition is being disposed of at the motion stage itself. Husband of the petitioner namely Shri Kartar Singh was working in the Food and Supplies Department, Punjab Chandigarh and he was compulsorily retired from service on 13.1.1993. Husband of the petitioner namely Kartar Singh filed a civil suit in the Court of Civil Judge (Junior Division), Jalandhar, which was dismissed by the trial Court vide its judgment and decree dated 18.4.1998. Aggrieved against this order, husband of the petitioner preferred an appeal before the learned Additional District Judge, Jalandhar by filing R.C.A. No. 117 of 1998, instituted on 16.7.1998. This appeal was allowed by setting aside the judgment and decree C.W.P No. 3696 of 2011 2 of the learned trial Court. Thereafter, neither the respondents reinstated the husband of the petitioner in service nor released any consequential benefits arising therefrom for which he was entitled. Rather the department filed Regular Second Appeal No. 4148/2001 before this Court against the order of Lower Appellate Court and the said appeal was dismissed vide order dated 24.10.2002. Aggrieved with the order passed by this Court, the department further filed S.L.P. No. 6390/2003 before the Hon'ble Supreme Court which was also dismissed on 18.11.2009. Husband of the petitioner had died in the year 2005 during the pendency of S.L.P. Inspite of the death of husband of the petitioner, the department till date has not released any benefit payable to the deceased. The petitioner served a legal notice dated 15.12.2010 which is still under consideration of the respondents. Learned counsel for the petitioner submits that petitioner would be satisfied if the competent authority is directed to decide the legal notice dated 15.12.2010 (Annexure P-4). In view of the above, respondent No.2 is directed to decide the legal notice dated 15.12.2010 (Annexure P-4) in the light of Annexure P2, within a period of four months from the date of receipt of a certified copy of this order. In the event, claim of the petitioner is to be rejected, the same shall be by a reasoned and speaking order. (PERMOD KOHLI) 01.03.2011. JUDGE Anoop