Balwinder Kaur vs State of Punjab and Others

Ajay Tewari, J.—The husband of the petitioner, who was a Head Constable, died on 05.06.1992 on active duty, fighting against terrorism.

The petitioner was granted special family pension. Thereafter on 14.09.1998 Government made a policy to grant extra ordinary pension to the

families of those Government employees who died as a result of attack during action against extremist dacoits etc. while performing their duties.

The Director General of Police further issued a letter on 28.01.2003 saying that the pension of those deceased employees who died while

performing their duties will be revised w.e.f. 01.01.1996. The petitioner now alleges that her pension has been revised on lesser side and not as

per the notional revision of pay as per Government instructions. She has also served a legal notice (Annexure P-7) in this regard but no action has

been taken thereon. Learned counsel for the petitioner states that the petitioner would be satisfied if a direction is issued to the respondents to

decide her legal notice (Annexure P-7) within any reasonable time by passing a speaking order thereon.

I find this to be a fair request. In the circumstances this petition is disposed of with a direction to respondents No. 2 and 4 to decide the legal

notice (Annexure P-7) of the petitioner within a period of two months from the date of receipt of a certified copy of this order and in case any

amount is found due to the petitioner, the same be released to her within a period of one month thereafter, failing which she would be entitled to

claim the said amount along with interest at the rate of 8% p.a. from the date it fell due till the date of payment.