Judgment:
CWP No.4740 of 2012 #1# IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.
CWP No.4740 of 2012 Date of Decision:-11.02.2014 Kamlesh Kumari ......Petitioner.
Versus State of Punjab & Ors......Respondents.
CORAM:- HON'BLE Mr.JUSTICE JASWANT SINGH Present:- Mr.Sandeep Bansal, Advocate for Mr.Vishal Aggarwal, Advocate for the Petitioner.
Mr.Amit Aggarwal, Advocate for respondent nos.1 & 2.
Mr.S.K.Rattan, Advocate for respondent nos.3 & 4.
*** JASWANT SINGH, J.(ORAL) Petitioner Kamlesh Kumari is aggrieved against the withholding of the retiral benefits of her deceased husband Gian Chand who died as an employee of PSPCL on 24.03.2009.
It is claimed that the said Gian Chand was a widower and the petitioner-Kamlesh Devi was a widow of late Rattan Chand and both had performed their second marriage on 9.6.2004.
Besides official respondents, one of the married daughters and married son of the late Gian Chand have also been impleaded as respondent nos.3 & 4.
Upon notice official respondents as well as respondent nos.3 & 4 have filed their separate replies.
Mahajan Vinay 2014.02.11 17:22 I attest to the accuracy and integrity of this document at Chandigarh CWP No.4740 of 2012 #2# The official respondents stated that the petitioner is the second wife of Gian Chand as per the documents P-3 to P-7 available with them.
It has been further stated that after making the recovery of a sum of Rs.55,463/- overdrawn by the deceased Gian Chand on account of pensionary benefits from the military before seeking reemployment with the official respondents, the rest of the entire retiral benefits except family pension have since been released to the petitioner.
At the time of hearing learned Counsel further states that even the family pension has since been released to the petitioner and, therefore, nothing survives in the present writ petition.
On the other hand learned Counsel for respondent nos.3 & 4 contest the status of petitioner as being legally wedded wife of their father Gian Chand and, therefore, are aggrieved against the grant of some of the retiral benefits.
After hearing learned Counsel for the parties and in view of the aforesaid factual position, the present writ petition is thus rendered infructuous.
However, respondent nos.3 & 4 would be free to seek their civil remedy in accordance with law.
( JASWANT SINGH ) JUDGE February 11, 2014 Vinay Mahajan Vinay 2014.02.11 17:22 I attest to the accuracy and integrity of this document at Chandigarh