IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.19030 of 2009 Date of Decision : April 05, 2010. Paramjit Kaur and another .....Petitioners versus State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.H.S.Sirohi, Advocate, for the petitioners. Mr.K.S.Dadwal, Addl. AG, Punjab. Mr.Shekhar Verma, Advocate, for respondent Nos.4 & 5 -.- 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? --- Surya Kant, J. (Oral) The petitioner No.1 is widow and petitioner No.2 is son of late Sh.Mohinder Singh. They seek a mandamus to direct respondent Nos.1 & 2 to grant them family pension, gratuity, provident fund, leave encashment, G.P.F., GIS and DLIS etc., due to the death of Mohinder Singh, who was serving as a Superintendent Grade-II in the office of the respondent- department. A further direction for appointment of petitioner No.2 on compassionate grounds under the Ex-gratia Policy, is also sought. Notice of motion was issued and thereafter, vide a separate order on an application moved by respondent Nos.4 & 5, they have been impleaded as party respondents. They are sons of the deceased from his C.W.P.No .19030 of 2009 2 first marriage. Learned counsel for respondent Nos.4 & 5 fairly states that they have no objection against granting `family pension' to petitioner No.1 as she is the only eligible person for the grant of `family pension'. Similarly, respondent nos.4 & 5 have no objection for appointment of petitioner No.2 on compassionate grounds under the Ex-gratia Policy. Learned counsel for respondent Nos.4 & 5 submits and righty so that they have filed a Civil Suit for declaration of their share in other properties of the deceased and the order passed by this Court should not have any bearing on the fate of the civil suit. It is clarified that the order passed by this Court shall have no bearing on the merits of the civil suit. In view of the above mentioned stand taken on behalf of respondent Nos.4 & 5, this writ petition is disposed of with the following directions:- i) Mr.K.S.Dadwal, learned Additional Advocate General, Punjab, on instructions from the departmental official, states at Bar that full family pension will be granted to petitioner No.1 within a period of two months from today and the arrears of family pension, if any, shall be released within the aforesaid stipulated period; ii) The claim of petitioner No.2 for appointment on compassionate ground under the Ex-gratia Policy shall be considered within a period of two months. In case petitioner No.2 is found entitled to, appropriate orders shall be passed within the aforesaid stipulated period. iii) The remaining retiral benefits like gratuity, Provident Fund, Leave encashment, GIS etc. and/or any other C.W.P.No .19030 of 2009 3 monetary benefits, shall be divided into five equal shares which shall be paid to all the legal heirs of the deceased- employee equally and proportionately. iv) This order shall have no bearing on the civil suit filed by respondent Nos.4 & 5. Disposed of. Dasti. April 05, 2010 (SURYA KANT) Mohinder JUDGE