Judgment:
CIVIL WRIT PETITION NO.21427 OF2013:{ 1 }: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: JANUARY08 2014 Bindra Devi .....Petitioner VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH1 Whether Reporters of local papers may be allowed to see the judgement?.
2.
To be referred to the Reporters or not?.
3.
Whether the judgment should be reported in the Digest?.
Present: Mr.Aditya Jain, Advocate, for the petitioner.
Mr.Sunil Nehra, Sr.DAG, Haryana, for the State.
***** AUGUSTINE GEORGE MASIH, J.
(ORAL) Petitioner has approached this Court, praying for quashing of order/letter dated 1.1.2013 (Annexure P-30).whereby the petitioner has been directed to deposit the financial assistance of `five lacs granted to her by the Director, Town and Country Planning Department, Haryana- respondent No.2.
It is the claim of the petitioner that instead of seeking refund of the said amount, the same should be adjusted in the arreaRs.which the petitioner would be entitled to as pensionary benefits, as per the policy of the State.
Khurmi Rakesh 2014.01.09 11:32 I attest to the accuracy and integrity of this document chandigarh CIVIL WRIT PETITION NO.21427 OF2013:{ 2 }: Counsel for the State has produced a communication dated 6.1.2014 addressed to the office of Advocate General, Haryana, wherein it has been stated that the respondents would follow the judgement passed by this Court in Civil Writ Petition No.12263 of 2012 (Phula Devi versus State of Haryana and others).decided on 9.9.2013 in the case of the petitioner.
Copy of the said judgement has been handed over to the counsel for the petitioner, who states that the petitioner would be satisfied if the said judgement is made applicable to her claim as well.
In the light of the above, the present writ petition is allowed.
The impugned order dated 1.1.2013 (Annexure P-30) is hereby set-aside with a direction to the respondents to deduct the amount of ` five lacs paid to the petitioner alongwith interest and in lieu thereof to release to the petitioner the benefits under the Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2006.
It is, however, made clear that the petitioner would be entitled to the same rate of interest as is being charged by the Government.
Let the necessary exercise be conducted and the arrears be paid to the petitioner alongwith interest within a period of three months from the date of Receipt of a certified copy of this order.
If this time limit is not adhered to, then the petitioner would be entitled to claim the amount(s) payable to her with interest @ 2% more than what the Government is seeking to claim from her.
January 08, 2014 ( AUGUSTINE GEORGE MASIH ) khurmi JUDGE Khurmi Rakesh 2014.01.09 11:32 I attest to the accuracy and integrity of this document chandigarh