C.W.P. No. 8318 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 8318 of 2011 Date of Decision : May 10, 2011 Master Rajan Sharma .... PETITIONER Vs. Punjab State Power Corporation Ltd. and others ..... RESPONDENTS CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH * * * Present : Mr. Veneet Sharma, Advocate, for the petitioner. * * * AUGUSTINE GEORGE MASIH, J. (ORAL) Petitioner, in this writ petition, submits that the adoptive father, namely, Satyapal, of the petitioner, who was working as a Lower Division Clerk with the respondent-Punjab State Power Corporation Ltd., sought voluntary retirement. The said prayer was accepted. Unfortunately, the father of the petitioner expired on 30.05.2007. The petitioner, thereafter, applied for grant of retiral and other benefits of his father but he was directed by the respondents to obtain a Guardianship certificate from the Guardianship Court, Amritsar. The said certificate was issued to the petitioner and Sh. Tapasavi Ram was appointed as a guardian of the C.W.P. No. 8318 of 2011 2 petitioner. Accordingly, the General Provident Fund of the father of the petitioner was released to him on 23.09.2008 and thereafter, on 14.06.2009, the gratuity was also released. The respondents sanctioned family pension to the petitioner on 27.07.2010 but from 01.06.2010 to 30.08.2012 i.e. till the date the petitioner is likely to attain the age of 18 years. He submits that as per Sub Rule (3) of Rule 6.17 of the Punjab Civil Services Rules, Vol.II, the petitioner would be entitled to family pension up to the age of 25 years. He, therefore, contends that the order dated 27.07.2010 is not sustainable as he was entitled to family pension from 01.06.2007 till the date he attains the age of 25 years. Counsel for the petitioner submits that espousing his grouse to the respondents, the petitioner has served a legal notice dated 02.03.2011 (Annexure P-6) and prays that a direction may be issued to the respondents to consider and decide the claim of the petitioner 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 Chief Managing Director, Punjab State Power Corporation Ltd.-respondent No. 1 to take a decision on consideration of the legal notice dated 02.03.2011 (Annexure P-6) within a period of three months' from the date of receipt of a certified copy of this order. The decision taken thereon be conveyed to the petitioner forthwith. In case, the petitioner is held entitled to the benefit and arrears thereof as claimed in the legal notice, the same shall be released to the petitioner within a period of two months thereafter. (AUGUSTINE GEORGE MASIH ) May 10, 2011 JUDGE pj