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2025 DAILYLAW 97937 (PNJ)

KASHMIR KAUR v. STATE OF PUNJAB AND OTHERS

CWP/26698/2025 · 2025-09-08

N S Shekhawat

body2025

Judgment text

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149 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-26698-2025 Date of Decision:08.09.2025 Kashmir Kaur …Petitioner Vs. State of Punjab and others …Respondents Coram : Hon’ble Mr. Justice N.S.Shekhawat Present: Ms. Gitanjali Chhabra, Advocate with Ms. Muskan, Advocate and Mr. Manik Khurana,Advocate for the petitioner. *** N.S.Shekhawat J. (Oral) 1. The petitioner has filed the present writ petition under Article 226/227 of the Constitution of India with a prayer to issue a writ in the nature of Mandamus directing respondents to re-fix the pay of the late husband of the petitioner w.e.f 25.10.2001 at par with his juniors by granting the benefit of the judgments passed by this Court vide orders dated 06.12.2012, 07.08.2012, 24.02.2015 (Annexures P-6 to P-8). A further prayer has been made to refix his pay in view of the clarifications/instructions dated 22.08.2019 (Annexure P-9) issued by respondent No.1 as well as circular letters dated 22.10.1999, 19.03.2017 and 10.10.2019 (Annexures P-10 to P-12). It has been further prayed that the arrears of salary, pension and other pensionary benefits may also be granted with interest at the rate of 18% per annumn from the due date till its actual realization. 2. Learned counsel submits that the petitioner has already submitted a representation dated 09.04.2025 (Annexure P-5) to the official respondents, but no action has been taken on the same and they shall be satisfied in case, HITESH 2025.09.08 18:03 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CWP-26698-2025 -2 appropriate directions are issued to the respondent No.2 to decide the representation dated 09.04.2025 (Annexure P-5) in a time bound manner. 3. Notice of motion. 4. On the asking of the Court, Mr. Charanpreet Singh, AAG, Punjab, who is present in the Court, accepts notice on behalf of the official respondents and has no serious objection to the limited prayer made by learned counsel for the petitioner, at this stage. 5. I have heard learned counsel for the parties and perused the record carefully. 6. At this stage, this Court deems it appropriate to direct the respondent No.2 to decide the representation dated 09.04.2025 (Annexure P-5) within a period of four months of date of receipt of certified copy of this order by passing a speaking and well reasoned order. 7. Needless to observe that the respondent No.2 while passing the order, shall take into account the judgments dated 06.12.2012, 07.08.2012, 24.02.2015 (Annexures P-6 to P-8) passed by this Court as well as the clarifications/instructions dated 22.08.2019 (Annexure P-9) issued by respondent No.1 as well as circular letters dated 22.10.1999,19.03.2017 and 10.10.2019 (Annexures P-10 to P-12). 8. In case, it is found that the petitioner is entitled to the relief claimed in the representation dated 09.04.2025 (Annexure P-5), consequential benefits may also be released to the petitioner, without any further delay. 9. Disposed of. (N.S.SHEKHAWAT) 08.09.2025 JUDGE hitesh Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HITESH 2025.09.08 18:03 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh