Cwp No.13822 of 2012 (Oandm) Vs. State of Punjab and ors. - Court Judgment

SooperKanoon Citationsooperkanoon.com/1048324
CourtPunjab and Haryana High Court
Decided OnApr-01-2013
AppellantCwp No.13822 of 2012 (Oandm)
RespondentState of Punjab and ors.
Excerpt:
cwp no.13822 of 2012 (o&m) 1 in the high court of punjab and haryana at chandigarh cwp no.13822 of 2012 (o&m) date of decision:01. 04.2013 pawan kumar ......petitioner(s) versus state of punjab & ors......respondent(s) coram:- hon'ble mr.justice rakesh kumar garg * * * present: none for the petitioner(s).mr.anant kataria, aag, punjab. rakesh kumar garg, j.(oral) cm no.5100 of 2013 application is disposed of with a clarification that the amount of costs of rs.10,000/- in compliance of the order dated 10.1.2013 be deposited with the high court legal services committee, chandigarh within two days from today. cwp no.13822 of 2012 in the written statement filed on behalf of the respondents the following averments have been made in para no.3 and 4:3. “the petitioner has tried to mislead this hon'ble court by filing the present petition that the claim of the petitioner has not been considered by the answering respondent. the amount of rupees 18,162/- on account of leave encashment was released and paid to the petitioner vide cheque no.41647 dated 8.9.2009. it is pertinent to mention here that the case of the petitioner cwp no.13822 of 2012 (o&m) 2 was considered by the answering deponent and two cheques amounting to rupees 1,27,070/- and rupees 73,080/- bearing nos.860825 and 860827 dated 12.2.2013 were issued in favour of petitioner on account of gratuity and provident fund, which the petitioner refused to accept.”4. that the petitioner has further tried to mislead this hon'ble court that he is entitled to the benefit of ex- gratia as he is claiming in the present petition. it is submitted that rule 2.7 of punjab civil services rules, volume-ii deals with the ex-gratia grant to the members of the family of a government employees, who dies while in service which reads as under: “the ex-gratia grant will be payable to the following members of the family of the deceased employees and in the order mentioned below:1. widow or if they are husband, as the unemployed and case may be were entirely 2. sons and dependent on the daughters deceased 3. father employees as 4. mother certified by the 5. brothers and deputy sisters commissioner. therefore the claim of the petitioner on account of ex-gratia is not acceptable unless petitioner furnishes the certificate issued by the deputy commissioner showing that he (the petitioner) is unemployed and entirely dependant on his deceased brother.” cwp no.13822 of 2012 (o&m) 3 counsel for respondent no.4 states that the cheques, photocopies of which have been retained on the file, shall be sent to the petitioner by speed post within two days from today. counsel has further informed this court that the case of the petitioner for ex-gratia grant to the family members of mangal dass, safai sewak, shall be considered on submission of dependency certificate by the petitioner issued by the competent authority immediately. the writ petition is disposed of in the aforesaid manner. april 01, 2013 (rakesh kumar garg) ps judge
Judgment:

CWP No.13822 of 2012 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.13822 of 2012 (O&M) Date of decision:

01. 04.2013 Pawan Kumar ......Petitioner(s) Versus State of Punjab & ors......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: None for the petitioner(s).Mr.Anant Kataria, AAG, Punjab.

Rakesh Kumar Garg, J.(Oral) CM No.5100 of 2013 Application is disposed of with a clarification that the amount of costs of Rs.10,000/- in compliance of the order dated 10.1.2013 be deposited with the High Court Legal Services Committee, Chandigarh within two days from today.

CWP No.13822 of 2012 In the written statement filed on behalf of the respondents the following averments have been made in para No.3 and 4:

3.

“The petitioner has tried to mislead this Hon'ble Court by filing the present petition that the claim of the petitioner has not been considered by the answering respondent.

The amount of Rupees 18,162/- on account of leave encashment was released and paid to the petitioner vide cheque No.41647 dated 8.9.2009.

It is pertinent to mention here that the case of the petitioner CWP No.13822 of 2012 (O&M) 2 was considered by the answering deponent and two cheques amounting to Rupees 1,27,070/- and Rupees 73,080/- bearing Nos.860825 and 860827 dated 12.2.2013 were issued in favour of petitioner on account of Gratuity and Provident Fund, which the petitioner refused to accept.”

4. That the petitioner has further tried to mislead this Hon'ble Court that he is entitled to the benefit of ex- gratia as he is claiming in the present petition.

It is submitted that Rule 2.7 of Punjab Civil Services Rules, Volume-II deals with the ex-gratia grant to the members of the family of a Government employees, who dies while in service which reads as under: “The ex-gratia grant will be payable to the following members of the family of the deceased employees and in the order mentioned below:

1.

Widow or If they are husband, as the unemployed and case may be were entirely 2.

Sons and dependent on the Daughters deceased 3.

Father employees as 4.

Mother certified by the 5.

Brothers and Deputy Sisters Commissioner.

Therefore the claim of the petitioner on account of ex-gratia is not acceptable unless petitioner furnishes the certificate issued by the Deputy Commissioner showing that he (the petitioner) is unemployed and entirely dependant on his deceased brother.”

CWP No.13822 of 2012 (O&M) 3 Counsel for respondent No.4 states that the cheques, photocopies of which have been retained on the file, shall be sent to the petitioner by speed post within two days from today.

Counsel has further informed this Court that the case of the petitioner for ex-gratia grant to the family members of Mangal Dass, Safai Sewak, shall be considered on submission of dependency certificate by the petitioner issued by the competent Authority immediately.

The writ petition is disposed of in the aforesaid manner.

April 01, 2013 (RAKESH KUMAR GARG) ps JUDGE