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SMT. MOHINDER KAUR versus SMT. TEJINDER KAUR, IAS & ORS.

High Court of Punjab and Haryana, Chandigarh

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Smt. Mohinder Kaur v. Smt. Tejinder Kaur, IAS & Ors. - COCP-986-2005 [2006] RD-P&H 6090 (29 August 2006)

COCP No. 986 of 2005 -: 1 :-

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

COCP No. 986 of 2005

Date of decision: September 4, 2006.

Smt. Mohinder Kaur

...Petitioner(s)

v.

Smt. Tejinder Kaur, IAS & Ors.

...Respondent(s)

Present: Shri R.C. Chatrath, Advocate for the petitioner.

Shri G.S. Cheema, Sr. Dy. Advocate General, Punjab for the respondents.

Surya Kant, J. (Oral)

The petitioner filed CWP No.9856 of 2004 which was disposed of on July 8, 2004 on the statement of learned counsel to the effect that a fresh representation shall be made by her to the respondents. A further direction was issued to the effect that the same shall be disposed of expeditiously.

Alleging that the petitioner did make a representation which was not being decided by the respondents despite the above mentioned order, this contempt petition has been filed.

In response to the show cause notice, an affidavit has been filed by Yashpaul Mehra, District Education Officer (S), Ludhiana for and on behalf of respondents No.1 to 3 and a separate affidavit has been filed by respondent No.4 Nand Lal, Accountant General (A&E), Punjab. Along COCP No. 986 of 2005 -: 2 :-

with his affidavit dated 7.12.2005, Mr. Yashpaul Mehra has appended a copy of the order dated 14.11.2005 whereby, on a consideration of the petitioner's claim, she has been granted family pension with effect from 28.9.1993.

As the facts speak for themselves, the respondents have taken a long period of more than 10 years in settling the petitioner's claim.

However, having regard to the fact that the directions issued by this Court have since been complied with, this petition is disposed of with a direction to the respondents to grant interest @ 6% per annum to the petitioner on the arrears of family pension with effect from 1.10.1993 till the date of actual payment thereof. The arrears of interest shall be paid within a period of three months from today.

Disposed of.

Rule discharged.

September 4, 2006. [ Surya Kant ]

kadyan Judge


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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