Punjab-Haryana High CourtSmt. Kamla Devi vs Uhbvn Ltd. And Others on 29 January, 2014Author:Daya ChaudharyBench:Daya ChaudharyC.W.P. No. 1646 of 2014                                      (1)

              IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


                                                 C.W.P. No. 1646 of 2014

                                                 DATE OF DECISION: 29.01.2014


            Smt. Kamla Devi                                       ..........Petitioner

                                          Versus

            UHBVN Ltd. and others                                 ..........Respondents



            BEFORE:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY



            Present:-          Mr. Naveen Daryal, Advocate
                               for the petitioner.


                                          ****


            DAYA CHAUDHARY, J.The present petition has been filed underArticle 226of the

            Constitution of India for issuance of a writ in the nature of mandamus

            directing the respondents to release the family pensionary benefits to the

            petitioner, who is widow of deceased-Ram Kishan, who has expired on

            17.10.1988.Learned counsel for the petitioner contends that husband of

            the petitioner was working as ALM in the respondent-Department and he

            expired during service. The petitioner submitted a legal notice (Annexure

            P-2) on 7.11.2012 for release of family pension and other benefits but

            neither the benefits have been released to the petitioner nor any action has

            been taken even on the legal notice, which is annexed as Annexure P-2

            with the petition. Learned counsel has also relied upon the judgment of

            Hon'ble the Apex Court inS.K. Mastan Bee Vs. General Manager, SouthPooja Sharma2014.01.30 10:55I attest to the accuracy andintegrity of this documentHigh Court, ChandigarhC.W.P. No. 1646 of 2014                                    (2)Central Railway and another(2003) 1 SCC 184 in support of his

            contentions. Learned counsel also submits that the petitioners would be

            satisfied in case directions are issued to the respondents to decide her

            legal notice within some stipulated period.Notice of motion.On the asking of the Court, Mr. Mohnish Sharma, Advocate,

            who is present in Court accepts notice on behalf of the respondents. Two

            sets of copies of petition be supplied to him during the course of day.Keeping in view the submissions made by learned counsel for

            the petitioner and also in view of the limited prayer of the petitioner, the

            present petition is disposed of with a direction to respondent No.1 to

            consider the claim of the petitioner in view of the averments made in the

            legal notice, which is annexed as Annexure P-2 with the petition and take

            necessary action in accordance with law within a period of one month from

            the date of receipt of copy of the order. In case, the petitioner is found

            entitled for the relief claimed in the legal notice, the same be granted to her

            within a period of two months thereafter.January 29, 2014                               (DAYA CHAUDHARY)
            pooja                                               JUDGEPooja Sharma2014.01.30 10:55I attest to the accuracy andintegrity of this documentHigh Court, Chandigarh