LPA No. 1401 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 1401 of 2010 (O&M) Date of decision:- 27.10.2010 Municipal Council, Dhariwal through its Executive Officer. ......Appellant Vs Mewal ......Respondent CORAM:- HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE RAJAN GUPTA Present: - Mr. V.K. Sandhir, Advocate, for the appellant. * * * * RANJAN GOGOI, J (ORAL) Heard. The appeal having arisen from an apparently wrong perception of the appellant with regard to the order of the learned Single Judge the same is being disposed of at the motion stage. The order of the learned Single Judge under appeal reads as follows:- “Having heard learned Counsel for the parties at some length and on perusal of the Pension Rules which are essentially a part of the Welfare Scheme, I am of the considered view that the petitioner's case deserves to be re-considered by the Competent Authority sympathetically to ensure that the benefit of pension under the Rules is granted to her. LPA No. 1401 of 2010 (O&M) 2 As prayed for, adjourned to 28.10.2010. Let a copy of this order be handed-over to learned State Counsel Dasti under the signatures of the Bench Secretary for information and compliance.” Learned Counsel for the appellant has laid emphasis on the word “ensure” and the expression “is granted to her” appearing in the above order to submit that the learned Single Judge had issued an operative direction to the appellant to grant pension to the respondent/writ petitioner. We do not agree with the above understanding of the order of the learned Single Judge as projected before us. The order of the learned Single Judge, according to us, only directs a sympathetic reconsideration of the case of the respondent/writ petitioner by the appellant and nothing more. This is made amply clear by the fact that the writ petition has not been disposed of but has been kept pending. Having clarified the order of the learned Single Judge in the above manner, we do not think it necessary to keep this appeal pending any longer. The appeal consequently stands disposed of in the above terms. (RANJAN GOGOI) JUDGE (RAJAN GUPTA) 27.10.2010 JUDGE Amodh