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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-26838-2025 Date of Decision:10.09.2025 Gayatri Malhi …Petitioner Vs. State of Punjab and others
…Respondents
Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Anshul Baghla, 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 the respondents to release and pay the Death-cum- Retirement Gratuity amount along with interest at the rate of 18% per annum to the petitioner, as she is widow of late Gagan Malhi, who was serving as a Panchayat Secretary.
2.
Learned counsel for the petitioner submits that even a calculation sheet (Annexure P-2) was prepred by the respondents, however, the Death-cum- Retirement Gratuity qua husband of the petitioner was not assessed in accordance with the provisions of Rule 6.16-AA of Chapter 6 of the Punjab Civil Services Rules (Volume-II). Learned counsel further submits that the petitioner has already served a legal notice dated 20.08.2025 (Annexure P-4) on the respondents, but no decision has been conveyed to her, so far. He further contends that, at this stage, he will be satisfied in case,appropriate directions are issued to the respondents to decide the legal notice dated 20.08.2025 (Annexure HITESH 2025.09.10 17:08 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh
CWP-26838-2025 -2 P-4) within settled fix time period.
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 petitioners, at this stage.
5. I have heard learned counsel for the parties and perused the record carefully.
6. At this stage, the respondent No.2 is directed to look into the legal notice dated 20.08.2025 (Annexure P-4) and to decide the same, within a period of four months from the date of receipt of certified copy of this order by passing a speaking and well reasoned order.
7. The respondent No.2 shall also take into consideration the Rule 6.16-AA of Chapter 6 of the Punjab Civil Services Rules (Volume-II), while passing the order.
8. Needless to observe that in case, the petitioner is found entitled to any consequential relief, the same shall be released to her along with interest, without any further delay.
9.
Disposed of.
(N.S.SHEKHAWAT) 10.09.2025
JUDGE hitesh Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HITESH 2025.09.10 17:08 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh