CWP No. 19366 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CWP No. 19366 of 2011 Date of decision: 17.10.2011 Sushila Rathi and others ........ Petitioners Versus State of Haryana and others .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Dinesh Arora, Advocate for the petitioners -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. (Oral) Prays for quashing of impugned order dated 01.02.2007 (P4), whereby, the petitioners were granted financial aid on account of death of Shri B S Rathi husband of petitioner No. 1 and father of petitioners No. 2 against notification dated 01.08.2006; with further prayer to direct the respondent to grant financial aid to the petitioner on account of death of her husband as per Government Notification dated 01.08.2006 (P3). It is contended that the husband of the petitioner died on 03.11.2004. The date of birth of the husband of the petitioner was 30.12.1954 and he was about to complete 50 years of age at the time of his death. Vide notification dated 01.08.2006 (P3), issued by the Government, it CWP No. 19366 of 2011 2 was decided to give financial assistance for a period of fifteen years equal to the pay and other allowances which were last drawn by the deceased employee and, in case, the deceased dies after attaining the age of 35 years, then his family would be getting financial assistance for a period of 12 years. Similarly, in case, the deceased dies after attaining the age of 48 years but before his superannuation, then his family would be getting financial assistance for a period of seven years. As such, the petitioners were entitled to the said financial assistance for seven years i.e.24.11.2006 to 23.11.2013. However, the respondents vide P4 have granted the said benefits only for five years i.e. from 24.11.2006 to 02.11.2011. It is contended that the same has been granted on account of mis-calculation. After making several rounds, the petitioners served a legal notice dated 07.09.2011 (P5). However, the same has not been decided. In view of the above, the present writ petition is disposed of with direction to the respondents to decide the legal notice dated 07.09.2011 (P5) within two weeks from the receipt of the certified copy of this order. In case, the petitioners are found to be entitled for the said relief, the same shall be continued for further remaining period. However, it goes without saying that if the claim of the petitioners is to be rejected, the respondents shall pass a speaking order. (Nirmaljit Kaur) Judge 17.10.2011 mohan