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Smt. Kashmira Vs. State of Haryana and Others - Court Judgment

SooperKanoon Citation

Court

Punjab and Haryana High Court

Decided On

Appellant

Smt. Kashmira

Respondent

State of Haryana and Others

Excerpt:


.....specified time. in the light of the submissions made by the counsel for the petitioner and without going into the merits of the case or commenting thereon, the present writ petition is disposed of with directions to the director general of health services, haryana- respondent no.2 to consider and decide the legal notice dated 15.01.2014 (annexure p-4) within a period of five months' from the date of receipt of certified copy of this order. in case, the claim of the petitioner is accepted, the consequential benefits, if any, be released to her, in accordance with law, within a further period of one month. in case, the claim of the petitioner is not to be accepted, a well-reasoned and speaking order be passed and conveyed to her forthwith. (augustine george masih ) april 29, 2014 judge pj prerna datta 2014.05.01 10:11 i attest to the accuracy and integrity of this document high court, chandigarh

Judgment:


CWP No.8016 of 2014 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH118 CWP No.8016 of 2014 Date of Decision : April 29, 2014 Smt.

Kashmira ...PETITIONER versus State of Haryana and others ....RESPONDENTS CORAM : HON'BLE Mr.JUSTICE AUGUSTINE GEORGE MASIH Present : Mr.Anil Shukla, Advocate, for the petitioner.

AUGUSTINE GEORGE MASIH, J.

(ORAL) Petitioner, who is a widow of Late Sh.

Nanak Chand, who was working as a Driver in Health Department and died in harness, has approached this Court for grant of revised pay scale to the petitioner, which her husband would have entitled to, w.e.f.01.01.2006 and thereafter as a consequence thereof, the revision in the family pension on the basis of such revised pay.

Assertion has also been made that the salary for the period 01.04.1994 to 30.11.1994 has not been paid to her husband.

Representations in this regard have not yielded any result Prerna dattaand, therefore, the petitioner has served a legal notice dated 2014.05.01 10:11 I attest to the accuracy and integrity of this document High Court, Chandigarh CWP No.8016 of 2014 2 15.01.2014 (Annexure P-4) upon the respondents but that also has not solicited any reply.

Counsel for the petitioner states that the petitioner, at this stage, would be satisfied if a direction is issued to the Director General of Health Services, Haryana-respondent No.2 to consider and decide the legal notice dated 15.01.2014 (Annexure P-4) served by the petitioner within some specified time.

In the light of the submissions made by the counsel for the petitioner and without going into the merits of the case or commenting thereon, the present writ petition is disposed of with directions to the Director General of Health Services, Haryana- respondent No.2 to consider and decide the legal notice dated 15.01.2014 (Annexure P-4) within a period of five months' from the date of receipt of certified copy of this order.

In case, the claim of the petitioner is accepted, the consequential benefits, if any, be released to her, in accordance with law, within a further period of one month.

In case, the claim of the petitioner is not to be accepted, a well-reasoned and speaking order be passed and conveyed to her forthwith.

(AUGUSTINE GEORGE MASIH ) April 29, 2014 JUDGE pj Prerna datta 2014.05.01 10:11 I attest to the accuracy and integrity of this document High Court, Chandigarh


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