IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 1171 of 2005 ( O&M ) DATE OF DECISION : 05.09.2009 Maan Singh (now deceased) through LR Maya Devi ... PETITIONER Versus State of Punjab and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL Present: Mr. R.C. Chatrath, Advocate, for the petitioner. Mr. J.S. Puri, Addl. A.G., Punjab. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioner was initially appointed as Octroi Mohrar on 29.12.1957 on regular basis. However, the Provident Fund was deducted from 1.4.1961. Subsequently, with effect from 1.2.1968, the petitioner was designated as Clerk and thereafter, on 30.11.1997, he retired from the service of Municipal Council, Mansa (respondent No.3). In this petition, a prayer has been made by the petitioner for issuing direction to the respondents to consider his case for the grant of pensionary benefits, after including the service rendered by him from 29.12.1957 to 1.4.1961. It has also been prayed that the petitioner should be granted one additional increment on completion of 32 years of service. It CWP No. 1171 of 2005 -2- has been further prayed that respondent No.3 be directed to refund a sum of Rs. 12,896/-, recovered from the petitioner out of the arrears payable to him, amounting to Rs. 16,804/- along with interest. The said amount was deducted on account of wrongly granting of one additional increment on completion of 18 years of service. As a matter of fact, the petitioner is stated to have died on 24.8.2006, during the pendency of this petition and his widow Maya Devi had filed application (CM No. 24184 of 2008) for impleading her as legal heir of the deceased petitioner. The said application was disposed of by this Court vide order dated December 18, 2008, but the necessary correction in the memo of parties has not been made. In view of this fact, the Registry is directed to make necessary correction in the memo of parties. During the course of arguments, it has been stated that full pension was granted to the petitioner during his life time, by taking into consideration the period of service rendered by him from 29.12.1957 to 1.4.1961, and after his death, his deceased wife is now getting family pension. Regarding the grant of other benefits and the refund of Rs.12,896/-, counsel for the petitioner states that widow of the deceased employee will make a detailed representation to respondents No.3 and 4 within a period of two months and these respondents be directed to consider and decide the said representation in accordance with law, by passing a speaking order, particularly while taking into consideration the total length of service from 29.11.1957 to 30.11.1997 and the decision of this Court in CWP No. 1171 of 2005 -3- Harjinder Singh Versus State of Punjab, 2003 (4) RSJ 458 as well as the Full Bench decision of this Court in Budh Ram and others Versus State of Haryana and others, (CWP No. 2799 of 2008, decided on 22.5.2009). In view of the aforesaid stand, this petition is disposed of with liberty to widow of the deceased petitioner to make the aforesaid representation and if any such representation is made, respondents No.3 and 4 are directed to consider and decide the same by passing a speaking order, by taking into consideration the decisions of this Court in Harjinder Singh's case (supra) and Budh Ram's case (supra), within a period of three months, from the date of filing of such representation. September 05, 2009 ( SATISH KUMAR MITTAL ) ndj JUDGE