IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** C.W.P. No.8778 of 2011 Date of Decision:18.05.2011 Sudha Kumari .....Petitioner Vs. The State of Punjab and others .....Respondents CORAM:- Hon'ble Mr. Justice Augustine George Masih Present:- Mr. R.K. Arora, Advocate for the petitioner. **** Augustine George Masih, J. (Oral) It is the assertion of the petitioner that she is widow of late Shri Ramesh Chander who died on 9.12.2009 while he was serving the Panchayat Samiti, Bhogpur as Superintendent Grade-II. Panchayat Samiti, Bhogpur sanctioned a sum of Rs.3,27,530/- on account of leave encashment admissible to the husband of the petitioner. Out of this sanctioned amount, an amount of Rs.1,71,823/- was released to the petitioner on 28.10.2010 and the balance amount of Rs.1,55,707/- was withheld on the ground that the same has been adjusted against the outstanding amount of house building advance taken by the husband of the petitioner. It is her contention that the same could not have been adjusted in the light of the instructions dated 12.12.1979 of the Department of Finance (Loans Cell) Annexure P-2, according to which a decision was taken that outstanding balance of loan taken up by any employee before his death for construction/ repair or purchase of the plot or purchase of house including interest accrued thereon shall be written off with the sanction of competent authority in consultation with the Department of Finance keeping in view the extreme hardship faced by the family because of sudden demise of the employee concerned. Her C.W.P. No.8778 of 2011 -2- further contention is that even the amount which has been disbursed to her was paid to her after a delay of about one year and she has also claimed interest thereon. A perusal of the writ petition indicates that the petitioner has not yet submitted a representation claiming the said amount, which according to her, could not have been adjusted in the light of the decision dated 12.12.1979 of the Government of Punjab Annexure P-2. Counsel for the petitioner submits that the petitioner would file a representation within a period of seven days from today claiming the said amount in the light of the instructions dated 12.12.1979 Annexure P-2 and the same be considered and decided by the Director, Department of Rural Development and Panchayats, Punjab – respondent No.2 within some specified period. Without going into merits of the case or commenting thereon, the present petition is disposed of with a liberty to the petitioner to file a representation within a period of one week from today claiming all the benefits as has been claimed in the present writ petition. If such a representation is submitted by the petitioner, respondent No.2 – Director, Department of Rural Development and Panchayats Punjab shall consider the same and take a decision thereon within a period of three months from the date of such submission. In case, the petitioner is held entitled to claim which she will make in the representation, the dues be paid to her within a period of one month thereafter. May 18, 2011 ( AUGUSTINE GEORGE MASIH ) renu JUDGE C.W.P. No.8778 of 2011 -3-