CWP No.951 of 2008 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CWP No.951 of 2008 (O&M) Date of decision: 27.11.2008 Mukhtiar Kaur ..Petitioner Versus The Union of India and others ...Respondents CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. A.K. Walia, Advocate, for the petitioner. Ms. Renu Bala Sharma, Central Government Standing Counsel for the respondents No.1 to 3. Mr. Vikas Chatrath, Advocate, for respondent No.4. Ashutosh Mohunta, J. (oral) The petitioner, who is the legally wedded wife of late Subedar Achhar Singh JC-60768, has prayed that direction be issued to the respondents to release the family pension in her favour from 27.4.2006. It has been averred that the husband of the petitioner died on 26.4.2006 and hence the petitioner is entitled to the release of family pension. Learned counsel for the petitioner submits that the respondents are not releasing the family pension because respondent No.4 is to issue life time arrears certificate which has not been issued, as an amount of Rs.17,999/- on account of loan taken by the deceased and another amount of Rs.47,000/- allegedly due on account of misuse of ATM card, is to be recovered from the petitioner. Learned counsel denies the liability to pay the aforementioned amount. However, he CWP No.951 of 2008 2 submits that this amount may be deducted from the family pension of the petitioner at this stage and the petitioner reserves her right to challenge the recovery of the aforementioned amount by resorting to appropriate proceedings. In view of the aforementioned facts, we direct respondents No.1 to 3 to release the family pension due to the petitioner to respondent No.4. Thereafter, respondent No.4 shall deduct the amount of Rs.17,999/- and Rs.47,000/- from the arrears of family pension. The balance amount after deduction be released to the petitioner within a period of three months from the date of receipt of certified copy of this order. The writ petition is disposed of. (ASHUTOSH MOHUNTA) JUDGE (RAJAN GUPTA) JUDGE November 27, 2008 'rajpal'