JAGAT SINGH versus SWARANJEET & ANOTHER

High Court of Punjab and Haryana, Chandigarh

Indian Supreme Court Cases / Judgements / Legislation

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Jagat Singh v. Swaranjeet & another - COCP-1048-2006 [2006] RD-P&H 12993 (21 December 2006)

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

C.O.C.P.No. 1048 of 2006

Date of Decision:- 11.12.2006

Jagat Singh .....Petitioner(s)

through

Mr.Ashok Kaushik, Advocate.

vs.

Swaranjeet & another .....Respondent(s)

through

Mr. Narender Hooda, Advocate.

***

CORAM:- HON'BLE MR. JUSTICE SURYA KANT.
***

SURYA KANT, J. (ORAL)

The petitioner filed C.W.P.No.4499 of 2006 which was disposed of by this Court on 23.3.2006 with a direction to the respondents to take a decision on the legal notice which he had already served upon the authorities, by passing a speaking order within a period of two months.

The alleged non-compliance of the above-stated order has led to filing of this contempt petition in which show cause notice was issued and in response thereto an affidavit has been filed by Mr. Swaranjeet Singh, Additional Director General of Police (Vigilance), HVPNL,Panchkula.

The issue pertains to the non-release of certain benefits to which the petitioner and his other family members are entitled under the ex- gratia scheme as the petitioner's father Bhikhan Singh, who was serving as a Head Constable in the Vigilance Bureau, had died while on duty.

It appears from the affidavit filed by respondent No.1 that the petitioner was entitled to 4/5th

share out of the monetary benefits which are payable to the children of a deceased employee and the same has already been paid to him. Similarly, the petitioner has been denied employment under the ex-gratia scheme on the ground that he being a 35 years old married person, is ineligible under the policy. It is, however, not disputed by the respondents that out of the four sisters of the petitioner, one is still unmarried who was undoubtedly dependent upon her deceased father.

In this view of the matter, this petition is disposed of with a direction to (i) the Director General of Police, Haryana and (ii) the Inspector General (Vigilance) HVPNL that in case the petitioner's unmarried sister moves an application, even at this stage, for her employment under the Ex- gratia Scheme, her application shall be considered on merits and disposed of within three months of its receipt in accordance with the policy which was in vogue at the relevant time. The petitioner shall ensure that his youngest sister, if she desires, would apply within one month from today.

According to the petitioner, there are some more monetary benefits to which the sisters of the petitioner are entitled to. The names of the sisters of the petitioner are duly mentioned in Form -K appended with this petition as Annexure P-1.

It is stated that the youngest sister of the petitioner who at the time when the Form-K, Annexure P-1, was filled, was a minor, has since attained majority.

In this view of the matter, the respondents are directed to release the remaining monetary benefits payable to the sisters of the petitioner by way of Demand drafts in their names within one month from today. As the respondents have retained the said amount for a sufficient long period, four sisters of the petitioner shall also be paid interest at the rate of 9% per annum. The interest shall be payable with effect from 1.1.1999 till the actual payments are released in their favour.

That apart, the youngest sister of the petitioner was apparently entitled to family pension also from the date of death of her father till she is married.

The respondents are, therefore, directed to consider the afore- said claim also and if it is found that the youngest sister of the petitioner, namely, Savita was entitled to the family pension, the same shall be released to her along with arrears thereof within a period of three months from today.

Rule discharged.

December 11, 2006 ( SURYA KANT )

poonam JUDGE

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