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Judgment
18 paragraphs · 352 wordsG.S. Sandhawalia, J
In the present petition, filed under Articles 226/227 of the Constitution of India, the petitioner seeks directions to the respondents for grant of family
pension, gratuity and other benefits admissible under the Civil Services Rules. Counsel for the petitioner submits that the petitioner would be satisfied if
legal action is taken in the matter by the respondents in a time bound manner.
It is the grouse of the petitioner that she is the widow of late Interjit Singh, who was recruited as SPO on 20.01.1993 (Annexure P-1) by the
Superintendent of Police Headquarters, Hoshiarpur. Thereafter, he was enlisted as Temporary Constable with effect from 14.12.2004 (Annexure P-2)
by the Commandant, 80th Battalion, PAP, District Jalandhar. However, he expired on 24.02.2011 and resultantly, his name was struck off on
03.03.2011 (Annexure P-4) by respondent no.3.
It is the positive case of the petitioner that if the past services rendered by her husband as SPO is combined with his regular service as Constable,
then she would be entitled for pension. Reliance has been placed upon the judgment rendered by this Court in CWP No.11802 of 2008 titled as
“Paramjit Kaur vs. The State of Punjab & Ors.†(Annexure P-5) whereby the benefit of pension had been denied on the ground that the New
Contributory Pension Scheme had come into force. That writ petition was allowed by placing reliance upon a decision rendered by this Court in CWP
No.24472 of 2015 (Constable Rajesh Kumar & ors. v. State of Punjab & anr.), decided on January 7, 2016, and also the judgment of the Division
Bench rendered in Harbans Lal vs. State of Punjab and Ors.
Thus, the present petition is disposed of with a direction to respondent no.3 to decide the representation (Annexure P-6) of the petitioner keeping in
view the background which has been noticed above. In case, the relief is not admissible, a well reasoned order be passed and communicated to the
petitioner within a period of three months from today. In case the amount is found payable, the same be disbursed immediately thereafter within a
period of two months.