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2025 DAILYLAW 98747 (PNJ)

SARISHTA KUMARI AND OTHERS v. STATE OF PUNJAB AND OTHERS

CWP/26659/2025 · 2025-09-08

Kuldeep Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CWP-26659 IN THE HIGH COURT OF PUNJAB AND HARYANA Sarishta Kumari and others State of Punjab and CORAM: Present: KULDEEP TIWARI 1. 226/227 of the Constitution of India, a prayer is made for issuance of a Mandamus upon respondents the petitioners, husbands. 2. the petitioners has not been redressed, despite issuance of a legal notice dated 07.09.2024 (Annexure P respondents. family pension husbands, specifically, in the light of the fact that a similarly situated widow, who approached this Court in Kumari vs. State of Punjab Family Pension. 3. 26659-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Sarishta Kumari and others Versus State of Punjab and others CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Mr. Tahaf Bains, Advocate, for the petitioners. **** KULDEEP TIWARI, J. (Oral) Through the instant writ petition 226/227 of the Constitution of India, a prayer is made for issuance of a Mandamus upon respondents, to grant the benefit of Family Pension the petitioners, on account of the services rendered by their respective husbands. Learned counsel for the petitioner etitioners has not been redressed, despite issuance of a legal notice dated 07.09.2024 (Annexure P-6), coupled with respondents. He further submits that the petitioners are entitl family pension, on account of the services rendered by their respective husbands, specifically, in the light of the fact that a similarly situated widow, who approached this Court in Kumari vs. State of Punjab), has been ext Family Pension. Notice of motion. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-26659-2025 Date of decision: 08.09.2025 ….Petitioners ….Respondents KULDEEP TIWARI Through the instant writ petition, as cast under Articles 226/227 of the Constitution of India, a prayer is made for issuance of a to grant the benefit of Family Pension to on account of the services rendered by their respective unsel for the petitioners submits that grievance of etitioners has not been redressed, despite issuance of a legal notice coupled with reminder(s), to the He further submits that the petitioners are entitled for a on account of the services rendered by their respective husbands, specifically, in the light of the fact that a similarly situated widow, who approached this Court in CWP-12047-2021 (Sudesh has been extended the same relief of 5 s under Articles 226/227 of the Constitution of India, a prayer is made for issuance of a to on account of the services rendered by their respective submits that grievance of etitioners has not been redressed, despite issuance of a legal notice , to the ed for a on account of the services rendered by their respective husbands, specifically, in the light of the fact that a similarly situated Sudesh ended the same relief of AMIT KUMAR 2025.09.09 09:50 I attest to the accuracy and authenticity of this document CWP-26659 4. of respondent prayer, as made through the instant petition appears to be therefore, authority concerned, to take a final decision on the legal notice (supra), in a time bound manner. 5. the merits of the case, or on the petitioners’ entitlement to family pension, this Court respondent period of six weeks from the date of receipt of a certified copy of this order. Prior to passing any appropriate order, respondent afford an opportunity of hearing to the petitioners. 6. that the petitioners are entitled for the Family Pension, the same shall be released to them within a period of 04 weeks, thereafter. 08.09.202 Ak Sharma 26659-2025 -2- Mr. Sahil R. Bakshi, AAG, Punjab, accepts notice on behalf of respondent-State and waives service. prayer, as made through the instant petition appears to be therefore, he has no objection in case, a authority concerned, to take a final decision on the legal notice (supra), in a time bound manner. In view of the above, and without expressing any opinion on the merits of the case, or on the petitioners’ entitlement to family pension, this Court disposes of the present petition respondent No.2 to consider, and decide the legal not period of six weeks from the date of receipt of a certified copy of this Prior to passing any appropriate order, respondent afford an opportunity of hearing to the petitioners. It goes without saying that in cas the petitioners are entitled for the Family Pension, the same shall be released to them within a period of 04 weeks, thereafter. .2025 Whether speaking/reasoned Whether reportable Mr. Sahil R. Bakshi, AAG, Punjab, accepts notice on behalf State and waives service. He fairly submits that the prayer, as made through the instant petition appears to be bona fide, and , a Mandamus is passed upon the authority concerned, to take a final decision on the legal notice (supra), in In view of the above, and without expressing any opinion on the merits of the case, or on the petitioners’ entitlement to family the present petition, with a direction to o.2 to consider, and decide the legal notice (supra), within a period of six weeks from the date of receipt of a certified copy of this Prior to passing any appropriate order, respondent No.2 shall afford an opportunity of hearing to the petitioners. It goes without saying that in case, respondent No.2 finds the petitioners are entitled for the Family Pension, the same shall be released to them within a period of 04 weeks, thereafter. (KULDEEP TIWARI) JUDGE Yes/No Yes/No Mr. Sahil R. Bakshi, AAG, Punjab, accepts notice on behalf submits that the , and andamus is passed upon the authority concerned, to take a final decision on the legal notice (supra), in In view of the above, and without expressing any opinion on the merits of the case, or on the petitioners’ entitlement to family with a direction to , within a period of six weeks from the date of receipt of a certified copy of this o.2 shall o.2 finds the petitioners are entitled for the Family Pension, the same shall be AMIT KUMAR 2025.09.09 09:50 I attest to the accuracy and authenticity of this document