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High Court of Punjab and Haryana · body

2019 DAILYLAW 4187 (PNJ)

SHRI KAUR v. STATE OF HARYANA AND OTHERS

CWP/9788/2023 · 2026-09-03

Nidhi Gupta

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Judgment text

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CWP-9788 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 106 Shri Kaur State of Haryana and CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) 1. 226/227 of the Constitution of India is for issuance of a writ in the nature of Mandamus late husband of the petitioner, namely, Jarnail the light of Haryana Civil Services (Revised Pay) Amendment Rules, 2019 (Annexure P petitioner w.e.f. 22.10.2029 (date of death of husband of the petitioner). Further, to direc husband of the petitioner completed 80 years (w.e.f. 08.05.2011) and 85 years (w.e.f. 08.05.2016) in terms of Rule 33 of Haryana Civil Services (Pension) Rules 2016 (Annexure P to the respondents to grant the arrears of pension with 18% interest from due date till date of actual payment. Furthermore, to direct the 9788-2023 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP Date of Decision: Versus State of Haryana and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Ashutosh Kaushik, Advocate for the petitioner. Ms. Tanushree Gupta, Addl. A.G., Haryana NIDHI GUPTA, J. (ORAL) Prayer in the present writ petition filed under Articles 226/227 of the Constitution of India is for issuance of a writ in the nature Mandamus directing the respondents to re late husband of the petitioner, namely, Jarnail the light of Haryana Civil Services (Revised Pay) Amendment Rules, 2019 (Annexure P-2), thereafter, to re-fix the family pension of the petitioner w.e.f. 22.10.2029 (date of death of husband of the petitioner). Further, to direct the respondent to grant additional pension after late husband of the petitioner completed 80 years (w.e.f. 08.05.2011) and 85 years (w.e.f. 08.05.2016) in terms of Rule 33 of Haryana Civil Services (Pension) Rules 2016 (Annexure P-5); and also for issuan to the respondents to grant the arrears of pension with 18% interest from due date till date of actual payment. Furthermore, to direct the IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-9788-2023 Date of Decision: 03.09.2026 .… Petitioner .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Ashutosh Kaushik, Advocate for the petitioner. Ms. Tanushree Gupta, Addl. A.G., Haryana. Prayer in the present writ petition filed under Articles 226/227 of the Constitution of India is for issuance of a writ in the nature directing the respondents to re-fix properly the pension of late husband of the petitioner, namely, Jarnail Singh w.e.f. 01.01.2006 in the light of Haryana Civil Services (Revised Pay) Amendment Rules, fix the family pension of the petitioner w.e.f. 22.10.2029 (date of death of husband of the petitioner). t the respondent to grant additional pension after late husband of the petitioner completed 80 years (w.e.f. 08.05.2011) and 85 years (w.e.f. 08.05.2016) in terms of Rule 33 of Haryana Civil Services 5); and also for issuance of a direction to the respondents to grant the arrears of pension with 18% interest from due date till date of actual payment. Furthermore, to direct the Prayer in the present writ petition filed under Articles 226/227 of the Constitution of India is for issuance of a writ in the nature fix properly the pension of Singh w.e.f. 01.01.2006 in the light of Haryana Civil Services (Revised Pay) Amendment Rules, fix the family pension of the petitioner w.e.f. 22.10.2029 (date of death of husband of the petitioner). t the respondent to grant additional pension after late husband of the petitioner completed 80 years (w.e.f. 08.05.2011) and 85 years (w.e.f. 08.05.2016) in terms of Rule 33 of Haryana Civil Services ce of a direction to the respondents to grant the arrears of pension with 18% interest from due date till date of actual payment. Furthermore, to direct the RISHU KATARIA 2026.09.03 17:59 I attest to the accuracy and authenticity of this order/judgmdent. CWP-9788 respondents to decide the representation dated 01.03.2023 (Annexure P in a time bound manner. 2. that in view of the observations made by this Court in the last order dated 16.07.2026 with liberty to the accordance with law. 3. objection’ to petitioner. 4. withdrawn 5. 03.09.2026 rishu 9788-2023 respondents to decide the representation dated 01.03.2023 (Annexure P in a time bound manner. At the very outset, learned counsel for the petitioner that in view of the observations made by this Court in the last order dated 16.07.2026, he may be permitted to withdraw the instant writ petition, with liberty to the petitioner to take recourse to the appropriate remedy, in accordance with law. Learned counsel for respondent objection’ to the aforesaid submission of learned counsel for the In view of the above, the present petition is withdrawn with the liberty aforesaid. Pending application(s), if any, shall stand disposed of. 2026 Whether speaking/reasoned Whether Reportable respondents to decide the representation dated 01.03.2023 (Annexure P-7) t the very outset, learned counsel for the petitioner submits that in view of the observations made by this Court in the last order dated , he may be permitted to withdraw the instant writ petition, rse to the appropriate remedy, in Learned counsel for respondent–State has pleaded ‘no the aforesaid submission of learned counsel for the In view of the above, the present petition is dismissed as Pending application(s), if any, shall stand disposed of. ( NIDHI GUPTA ) JUDGE Whether speaking/reasoned Yes/No Yes/No 7) submits that in view of the observations made by this Court in the last order dated , he may be permitted to withdraw the instant writ petition, rse to the appropriate remedy, in ‘no the aforesaid submission of learned counsel for the dismissed as RISHU KATARIA 2026.09.03 17:59 I attest to the accuracy and authenticity of this order/judgmdent.