Pooja Devi @ Jyoti vs State Of Punjab And Others

Jagmohan Bansal, J

Mr. Harmanjit Singh Jugait, Advocate appeared and filed his Power of Attorney on behalf of respondent No.6. The same is taken on record. Registry is directed to tag the same at an appropriate place.

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to respondent-department to release arrears of family pension and other retiral and service dues in the light of compromise decree passed by learned Civil Judge (Junior Division), Jalandhar.

The petitioner is second wife/widow of late Constable Rajinder Singh. He was part of Punjab Police. He passed away in harness on 07.04.2009. After passing away of her husband, her in-laws raised dispute qua her position as legally wedded wife for the purpose of pension and compassionate appointment. The respondents stopped her family pension and service benefits on the basis of false claims of her in-laws despite being mentioned as wife in the Dependent Certificate dated 18.06.2009 issued by Deputy Commissioner, Jalandhar. In 2012, she filed civil suit before Civil Judge (Junior Division), Jalandhar seeking damages, release of pension, service benefits, and compassionate appointment. The said suit was finally adjudicated by a compromise decree dated 23.10.2023 whereby the Court held the petitioner entitled to 70% of arrears of family pension accrued w.e.f. 07.04.2009 to 31.10.2023, entire future family pension w.e.f. 01.11.2023 and 60% of service/death benefits of deceased husband. She submitted representation dated 23.12.2023 for release of family pension and service benefits as per the consent decree. She claims that only ₹92,385/- out of the total ₹3,11,440/- has been released by the respondent-department. She has submitted numerous representations but to no avail.

Learned State counsel, during the course of hearing, produced calculation sheet dated 20.01.2026 disclosing the amount of leave encashment, ex gratia grant, GIS Saving Fund, GIS Insurance Fund & GPF and clarifying the said amount would be disbursed among second wife and daughter of first wife of the deceased employee in the ratio of 60:40.

Learned counsel for respondent No.6 submits that office of Director General of Police, Punjab has processed pension case of the petitioner and they have deputed one person to put up the file before the Finance Department. The needful would be done within two weeks from today. The moment pension is determined, the arrears would be calculated and release to the petitioner in due course.

In the backdrop, the petition stands disposed of with a direction to respondents to release retiral dues/pension of the petitioner expeditiously and in any case within four weeks from today. The Court is sanguine that respondent would calculate pension of the petitioner considering revision of pension from time to time. The respondent shall not be liable to pay interest, if pension and arrears are released within one month from today, failing which interest @ 9% per annum would be payable from the date of expiry of said period. The prayer of the petitioner for compensation is hereby rejected.