IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 8662 of 2011 Date of Decision: 17.5.2011. Achhar Kumar --Petitioner Versus State of Punjab and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Swaran Sandhir, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) Notice of motion. Ms. Reeta Kohli, Addl. A.G., Punjab has been asked to accept notice on behalf of respondents. Keeping in view the nature of relief claimed and with the consent of learned counsel for the parties, this petition is being disposed of at the motion stage itself without insisting for the reply. Petitioner is the nephew of late Sh. Bihari Lal, who was working as Potedar i.e. Bill & Cash Messenger in the Department of Revenue and was posted in the Financial Commissioners' Secretariat, Punjab, Chandigarh. Bihari Lal retired from service on 31.8.1987. His pension was fixed at Rs.691/- vide P.P.O No.5049/Pb. It is alleged that Bihari Lal was unmarried and residing with the petitioner. The employee died on 10.5.2000. During his life time, he executed a registered will in favour of the petitioner. After the retirement of Bihari Lal the Punjab Govt. revised the pension/family pension of the retired employees, who retired between 1.1.1986 to 31.12.1995. Pension of the deceased employee was re- fixed pursuant to the revision carried out by the Govt. vide letter dated CWP. No. 8662 of 2011 -2- 18.8.1998. After the death of Bihari Lal petitioner applied for grant of Succession Certificate in respect to some of the amounts lying in the account of deceased employee which inter alia include two months pension and revised pension. Succession Certificate was issued in favour of the petitioner on 17.3.2007, a copy whereof has been placed on record as Annexure P-11. Petitioner, accordingly claimed the benefits on the strength of the registered will and the Succession Certificate, referred to above. Petitioner made representations (Annexures P-14 & P-15) claiming the benefit, however, respondents have not released any benefit in favour of the petitioner till date. This petition has been filed seeking a direciton for release of the benefit on the basis of the Succession Certificate and the registered will. Learned counsel for the petitioner submits that the petitioner would be satisfied, if, respondents are directed to take decision on the representations made by the petitioner, referred to above. In view of the above, this petition is disposed of with a direction to respondent no.1 to take decision on the representations made by the petitioner in the light of the registered will and Succession Certificate, within a period of three months from the date of receipt of certified copy of this order. If, the petitioner is found entitled to the benefits, the same may be released in his favour, within a period of one month thereafter. Needless to say that the petitioner shall be entitled to interest @ 6% on account of unnecessary delay. (PERMOD KOHLI) JUDGE 17.5.2011. lucky