STATE OF PUNJAB Vs. PHULAN RANI

JUDGEMENT

(1.) Leave granted.

(2.) A simple matter has unnecessarily been complicated as a result of which there has been inordinate delay in disposing of the matter.

(3.) A Writ Petition No. 13555/1994 was filed by respondent No. 1-Phulan Rani. She had claimed pension payable after demise of her husband who was employed as a Tubewell Operator. The services of late Mohinder Singh Walia were terminated some time in the year 1983 on the ground that Tubewells Punjab Irrigation Department was transferred to the Punjab State Tubewell Corporation (respondent No. 2 herein). However, the High Court of Punjab and Haryana directed re-appointment of late Mohinder Singh Walia and consequentially he was absorbed in the Punjab State Tubewell Corporation. According to Phulan Devi, her husband died on 18-12-1992 after retirement in 1989. The claim of pension having been rejected by the Corporation and the State, she filed a Civil Writ Petition No. 13555/94 which came to be disposed of by Lok Adalat on 18-1-2000. The State of Punjab filed a review application taking the stand that it was not properly represented in the proceedings. In any event, there being dispute about entitlement of the pension, the writ petition could not have been disposed of by the Lok Adalat. The review petition was rejected on 8-9-2000. A writ petition was filed by the State of Punjab before the Punjab and Haryana High Court questioning legality of the disposal by the Lok Adalat. The writ petition, was numbered as Civil Writ Petition No. 4708/2002. The High Court held that even if it is accepted that the disposal by the Lok Adalat was not the proper course, yet on merits the respondent No. 1 herein was entitled to relief.