CWP No.7419 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.7419 of 2009 (O&M) Date of Decision: 28.01.2010 **** Swaran Singh . . . . Petitioner VS. State of Punjab and others . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Dharam Pal, Advocate for the petitioner Mr. B.S. Chahal, DAG Punjab ***** SURYA KANT J. (ORAL) (1). In this Civil Writ Petition, the petitioner seeks quashing of the note put up on the ‘Pension Payment Order’ to the effect that “there is no family/No family member is eligible for family pension”. He also seeks a mandamus to direct the respondents to grant family pension to his wife in the event of death of the petitioner. (2). Shorn of the details, the petitioner served in the Indian Army from 06.05.1964 to 23.03.1968 and was discharged therefrom “without any pension or family pension”. He thereafter joined the Punjab CWP No.7419 of 2009.doc - 2 – Roadways Department as a Conductor on 29.10.1968 and retired from the post of Inspector in the said Department on 31.03.2002. (3). In the ‘Pension Payment Order’ of the petitioner, the impugned note has been incorporated which necessarily means that in the event of unfortunate death of the petitioner his wife would not be entitled to claim any relief of family pension etc. (4). The stand taken by the authorities of the State of Punjab is that unless it is verified by respondent No.4, namely, the Record Office Signal Record Post Bag No.5, Jabalpur (MP) that the petitioner is not drawing any pension from the Army, the abovesaid note/clause cannot be deleted from the ‘Pension Payment Order’. (5). Unfortunately, despite service, respondent No.4 has neither filed any reply nor issued any such certificate required by the State of Punjab. (6). In these circumstances, the writ petition is disposed of with a direction to respondent No.4, namely, the Record Office Signal Record Post Bag No.5, Jabalpur (MP) to certify as to whether or not the petitioner is drawing any pension from the Army service rendered by him from the Central CWP No.7419 of 2009.doc - 3 – Government. The necessary certificate shall be sent by respondent No.4 to the Director, Transport Department, Government of Punjab as well as to the Accountant General (A&E), Sector 17, Chandigarh within a period of one month from the date of receipt of certified copy of this order. A copy of the said certificate shall also be sent to the petitioner, who on receipt of the same, may approach the State of Punjab and the authorities shall thereafter take appropriate action regarding deletion of the offending clause/note from the ‘Pension Payment Order’ of the petitioner, within a period of two months from the date of receipt of such certificate. (7). Ordered accordingly. (8). Dasti . (SURYA KANT) JUDGE 28.01.2010 vishal shonkar