LPA No. 937 of 2011 (O&M) -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH LPA No. 937 of 2011 (O&M) Date of Decision: August 08, 2011 Chiria Devi …Appellant Versus State of Haryana and others ...Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Jagbir Malik, Advocate for the appellant. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. 1. The instant appeal under Clause X of the Letters Patent is directed against judgment dated 21.07.2010 rendered by the learned Single Judge holding that the appellant is entitled to payment of family pension and on account of unexplained delay in filing of the writ petition, the learned Single Judge has restricted the arrears of family pension to a period of 38 months preceding the date of filing of the writ petition. However, directions are required to be complied with within three months from the date of the order i.e. 21.07.2010. In the event that there was failure to comply with the directions for making payments within three months from the date which was due to her initially. The learned Single Judge has also imposed a cost of Rs. 50,000/-. 2. Mr. Jagbir Malik, learned counsel for the appellant states that the appellant has already filed a contempt petition, which is LPA No. 937 of 2011 (O&M) -2- pending for consideration on 04.10.2011. He further states that the period of three months expired long back and therefore, the additional direction issued by the learned Single Judge would come to an end. 3. Keeping in view the aforesaid facts and circumstances, we are not inclined to entertain the appeal particularly when the period of three months had already come to an end without any payment and the appellant has already been held entitled to the payments of whole family pension from the date she was originally entitled i.e. from the date of death of her husband. There is, thus, no merit in the appeal. 4. Accordingly, the appeal fails and the same is dismissed. 5. Keeping in view the dismissal of appeal on merit, no orders are required to be passed on the application seeking condonation of delay of 19 days in filing of the instant appeal. (M.M. KUMAR) JUDGE (GURDEV SINGH) JUDGE August 08, 2011 Atul