Kanwal NaIn Vs. State of Haryana - Court Judgment

SooperKanoon Citationsooperkanoon.com/1067349
CourtPunjab and Haryana High Court
Decided OnSep-05-2013
AppellantKanwal Nain
RespondentState of Haryana
Excerpt:
in the high court of punjab and haryana at chandigarh civil writ petition no.4215 of 2013 date of decision:september 05, 2013 kanwal nain ..........petitioner versus state of haryana .......respondent coram: hon'ble mr.justice rameshwar singh malik 1 to be referred to the reporters or no.?.”2. whether the judgment should be reported in the digest ?. present: mr.s.p.khatri, advocate for the petitioner. mr.deepak, jindal, dag, haryana, for the state. ***** rameshwar singh malik j. (oral) feeling aggrieved against the alleged inaction on the part of respondent authorities, petitioner has approached this court by way of instant writ petition under article 226/227 of the constitution of india, seeking a writ in the nature of mandamus. notice of motion was issued and pursuant thereto written statement on behalf of the respondent, was filed. learned counsel for the petitioner submits that the petitioner is the only surviving shaurya chakra awardee of 1966, in the state of haryana. his claim has not been properly considered forcing him to approach this court, by way of present writ petition. he further submits that categoric averments taken in para 2 of the writ petition have gone undisputed in the corresponding para 2 of the written statement. in this view of the matter, he contended that the claim of the petitioner deserves to be reconsidered, so as to grant him the suitable benefit as shaurya chakra awardee. on the other hand, learned counsel for the state submits that the claim of the petitioner was not covered under the policy dated anjal gupta 2013.09.09 10:15 i attest to the accuracy and integrity of this document high court chandigarh civil writ petition no.4215 of 2013 -2- 02.08.2010 (annexure p-6) because he was admittedly shaurya chakra awardee, prior to 01.01.2006. he prays for dismissal of the writ petition. having heard the learned counsel for the parties and without expressing any opinion on the merits of the case, the present writ petition is disposed of with a direction to the financial commissioner and principal secretary to govt. of haryana, home department, civil sectt. chandigarh- respondent herein, to consider sympathetically the grievance raised by the petitioner herein, which prima-facie seems to be genuine. let him consider the claim of the petitioner and pass an appropriate order, in accordance with law, treating the present writ petition as a representation on behalf of the petitioner. respondent shall pass a speaking order, at an early date but in any case within a period of three months from the date of receipt of a certified copy of this order. if, after due consideration of the matter, the respondent authority comes to the conclusion that the petitioner is entitled for any monetary or other benefit being shaurya chakra awardee, the same shall be granted and released in his favour without any further loss of time. disposed of, accordingly. (rameshwar singh malik) judge september 05, 2013 anjal anjal gupta 2013.09.09 10:15 i attest to the accuracy and integrity of this document high court chandigarh
Judgment:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.4215 of 2013 Date of Decision:September 05, 2013 Kanwal Nain ..........Petitioner versus State of Haryana .......Respondent CORAM: HON'BLE Mr.JUSTICE RAMESHWAR SINGH MALIK 1

To be referred to the Reporters or No.?.”

2. Whether the judgment should be reported in the Digest ?.

Present: Mr.S.P.Khatri, Advocate for the petitioner.

Mr.Deepak, Jindal, DAG, Haryana, for the State.

***** RAMESHWAR SINGH MALIK J.

(ORAL) Feeling aggrieved against the alleged inaction on the part of respondent authorities, petitioner has approached this Court by way of instant writ petition under Article 226/227 of the Constitution of India, seeking a writ in the nature of mandamus.

Notice of motion was issued and pursuant thereto written statement on behalf of the respondent, was filed.

Learned counsel for the petitioner submits that the petitioner is the only surviving Shaurya Chakra Awardee of 1966, in the State of Haryana.

His claim has not been properly considered forcing him to approach this Court, by way of present writ petition.

He further submits that categoric averments taken in para 2 of the writ petition have gone undisputed in the corresponding para 2 of the written statement.

In this view of the matter, he contended that the claim of the petitioner deserves to be reconsidered, so as to grant him the suitable benefit as Shaurya Chakra Awardee.

On the other hand, learned counsel for the State submits that the claim of the petitioner was not covered under the policy dated Anjal Gupta 2013.09.09 10:15 I attest to the accuracy and integrity of this document high court chandigarh Civil Writ Petition No.4215 of 2013 -2- 02.08.2010 (Annexure P-6) because he was admittedly Shaurya Chakra Awardee, prior to 01.01.2006.

He prays for dismissal of the writ petition.

Having heard the learned counsel for the parties and without expressing any opinion on the merits of the case, the present writ petition is disposed of with a direction to the Financial Commissioner and Principal Secretary to Govt.

of Haryana, Home Department, Civil Sectt.

Chandigarh- respondent herein, to consider sympathetically the grievance raised by the petitioner herein, which prima-facie seems to be genuine.

Let him consider the claim of the petitioner and pass an appropriate order, in accordance with law, treating the present writ petition as a representation on behalf of the petitioner.

Respondent shall pass a speaking order, at an early date but in any case within a period of three months from the date of receipt of a certified copy of this order.

If, after due consideration of the matter, the respondent authority comes to the conclusion that the petitioner is entitled for any monetary or other benefit being Shaurya Chakra Awardee, the same shall be granted and released in his favour without any further loss of time.

Disposed of, accordingly.

(RAMESHWAR SINGH MALIK) JUDGE September 05, 2013 ANJAL Anjal Gupta 2013.09.09 10:15 I attest to the accuracy and integrity of this document high court chandigarh