CR No.5480 of 2023 IN THE HIGH COURT OF PUNJAB AND HARYANA 213 PARVEEN Vs MUNICIPAL COMMITTEE, SBS NAGAR AND OTHERS CORAM: HON'BLE MR. Present: Mr. Mr. Digvijay Manchanda, Advocate for the petitioner Mr. D.S. Randhawa, Advocate for respondent Nos.1 and 2. HARKESH MANUJA, J. (Oral) [1]. By way of present petition, challenge has been laid to an order dated 05.09.2023 passed by the application preferred at the instance of petitioner witness PW-2 namely Asho [2]. Briefly stating, on account of unfortunate demise of her husband while in service Committee, Tehsil Nawanshahar, District SBS Nagar declaration to the effect that she benefits-cum-retiral benefits. examined PW- Nawanshahar, District SBS Nagar closed on 10.02.2023 followed by respondents/defendants on 20.07.2023. (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.5480 of 2023 (O&M) Date of Decision: MUNICIPAL COMMITTEE, SBS NAGAR AND OTHERS HON'BLE MR. JUSTICE HARKESH MANUJ Mr. Sarju Puri, Advocate with Mr. Digvijay Manchanda, Advocate for the petitioner. Mr. D.S. Randhawa, Advocate for respondent Nos.1 and 2. **** HARKESH MANUJA, J. (Oral) By way of present petition, challenge has been laid to an order dated passed by the learned Civil Judge (Jr. Divn.) SBS Nagar preferred at the instance of petitioner 2 namely Ashok Kumar stands declined. Briefly stating, on account of unfortunate demise of her husband while in service on 31.08.2018; who was working as Sewadar with the Municipal Committee, Tehsil Nawanshahar, District SBS Nagar laration to the effect that she being her widow retiral benefits. In order to prove her case, petitioner/plaintiff -2 Ashok Kumar, Accountant Nawanshahar, District SBS Nagar on 13.01.2023 and thereafter her evidence was closed on 10.02.2023 followed by conclusion respondents/defendants on 20.07.2023. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.5480 of 2023 (O&M) Date of Decision: 18.08.2025 ......Petitioner MUNICIPAL COMMITTEE, SBS NAGAR AND OTHERS ....Respondents JUSTICE HARKESH MANUJA Mr. Digvijay Manchanda, Advocate By way of present petition, challenge has been laid to an order dated learned Civil Judge (Jr. Divn.) SBS Nagar, whereby preferred at the instance of petitioner/plaintiff for recalling of her k Kumar stands declined. Briefly stating, on account of unfortunate demise of her husband who was working as Sewadar with the Municipal Committee, Tehsil Nawanshahar, District SBS Nagar; petitioner/plaintiff sought being her widow was entitled for all service In order to prove her case, petitioner/plaintiff , Accountant, Municipal Committee, Tehsil on 13.01.2023 and thereafter her evidence was conclusion of the evidence 1 By way of present petition, challenge has been laid to an order dated , whereby an for recalling of her Briefly stating, on account of unfortunate demise of her husband who was working as Sewadar with the Municipal petitioner/plaintiff sought was entitled for all service In order to prove her case, petitioner/plaintiff Municipal Committee, Tehsil on 13.01.2023 and thereafter her evidence was of the evidence of MOHMED ATIK 2025.08.19 16:19 I attest to the accuracy and authenticiy of this order/judgment CR No.5480 of 2023 [3]. However, at the stage of rebuttal and arguments, an application came to be filed at the instance Ashok Kumar in order to render further explanation salary and arrears of annual increments which were payable to husband-Pardeep Kumar. [4]. The application was respondents/defendants and the same came to be dismissed by the Trial Court vide the impugned order dated 05.09.2023. [5]. I have heard learned counsel for the parties and gone through the paper book. [6]. In the present Kumar, who was working as Sewadar with the Municipal Committee, Tehsil Nawanshahar, District SBS Nagar has sought declaration with respect to the release of all service benefits as well as retiral benefits p unfortunate demise of her husband part of the learned with respect to arrears of salary if any to the deceased deposition of PW gratia amount, Leave encashment and Liability towards loan was clearly described yet the dues about arrears of salary or annual increments were not quantified, such in order to elucidate the stand of petitioner/plaintiff, it b recall PW-2 Ashok Kumar arrears of salary and annual increments, if any payable to the deceased. apparent that the recalling of PW (O&M) However, at the stage of rebuttal and arguments, an application came to be filed at the instance of petitioner/plaintiff seeking liberty to recall PW in order to render further explanation salary and arrears of annual increments which were payable to Pardeep Kumar. The application was opposed at the instance of respondents/defendants and the same came to be dismissed by the Trial Court vide the impugned order dated 05.09.2023. I have heard learned counsel for the parties and gone through the In the present case, petitioner being widow of deceased Pardeep Kumar, who was working as Sewadar with the Municipal Committee, Tehsil Nawanshahar, District SBS Nagar has sought declaration with respect to the release of all service benefits as well as retiral benefits p unfortunate demise of her husband. Though the the learned Trial Court file through deposition of PW with respect to arrears of salary payable, besides the arrears of annual increm deceased has not been specifically and categorically deposition of PW-2 Ashok Kumar. Although the gratia amount, Leave encashment and Liability towards loan was clearly described yet the dues about arrears of salary or annual increments were not quantified, to elucidate the stand of petitioner/plaintiff, it b 2 Ashok Kumar so as to secure further clarification arrears of salary and annual increments, if any payable to the deceased. apparent that the recalling of PW-2 is necessary for rendering complete However, at the stage of rebuttal and arguments, an application came etitioner/plaintiff seeking liberty to recall PW in order to render further explanation with respect to arrears of salary and arrears of annual increments which were payable to her deceased opposed at the instance of respondents/defendants and the same came to be dismissed by the Trial Court vide I have heard learned counsel for the parties and gone through the case, petitioner being widow of deceased Pardeep Kumar, who was working as Sewadar with the Municipal Committee, Tehsil Nawanshahar, District SBS Nagar has sought declaration with respect to the release of all service benefits as well as retiral benefits payable on account of Though the relevant records has been made Trial Court file through deposition of PW-2, however claim , besides the arrears of annual increments not been specifically and categorically clarified from the . Although the details about gratuity amount, Ex gratia amount, Leave encashment and Liability towards loan was clearly described yet the dues about arrears of salary or annual increments were not quantified, to elucidate the stand of petitioner/plaintiff, it becomes essential to so as to secure further clarification on the aspect of arrears of salary and annual increments, if any payable to the deceased. It is thus, 2 is necessary for rendering complete justice 2 However, at the stage of rebuttal and arguments, an application came etitioner/plaintiff seeking liberty to recall PW-2 with respect to arrears of deceased opposed at the instance of respondents/defendants and the same came to be dismissed by the Trial Court vide I have heard learned counsel for the parties and gone through the case, petitioner being widow of deceased Pardeep Kumar, who was working as Sewadar with the Municipal Committee, Tehsil Nawanshahar, District SBS Nagar has sought declaration with respect to the ayable on account of records has been made claim ents, clarified from the about gratuity amount, Ex- gratia amount, Leave encashment and Liability towards loan was clearly described yet the dues about arrears of salary or annual increments were not quantified, as ecomes essential to on the aspect of It is thus, justice MOHMED ATIK 2025.08.19 16:19 I attest to the accuracy and authenticiy of this order/judgment CR No.5480 of 2023 especially the same being not to fill up any lacuna or omission in the facts and circumstances of the present case. [7]. In view of impugned order dated SBS Nagar, is hereby set aside thereby resulting into grant of permission in favour of petitioner-plaintiff to recall her witness PW [8]. Pending application(s), if any shall also stand disposed of. August 18, 2025 Atik Whether speaking/reasoned Whether reportable (O&M) especially the same being not to fill up any lacuna or omission in the facts and circumstances of the present case. In view of above, the present petition is allowed. Resultantly, the order dated 05.09.2023 passed by the is hereby set aside thereby resulting into grant of permission in favour plaintiff to recall her witness PW-2. Pending application(s), if any shall also stand disposed of. 5 Whether speaking/reasoned Yes/No Whether reportable Yes/No especially the same being not to fill up any lacuna or omission in the facts and above, the present petition is allowed. Resultantly, the passed by the learned Civil Judge (Jr. Divn.) is hereby set aside thereby resulting into grant of permission in favour 2. Normal consequences to follow. Pending application(s), if any shall also stand disposed of. (HARKESH MANUJA) JUDGE Yes/No Yes/No 3 especially the same being not to fill up any lacuna or omission in the facts and above, the present petition is allowed. Resultantly, the il Judge (Jr. Divn.) is hereby set aside thereby resulting into grant of permission in favour Normal consequences to follow. MOHMED ATIK 2025.08.19 16:19 I attest to the accuracy and authenticiy of this order/judgment