LAWS(P&H)-2010-8-562

AMARJIT KAUR Vs. STATE OF PUNJAB AND OTHERS

Decided On August 06, 2010
AMARJIT KAUR Appellant
V/S
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

(1.) This civil writ petition has been filed under Articles 226 and 227 of the Constitution of India praying for issuance of a writ in the nature of certiorari quashing order dated 12.02.2009 vide which, the claim of the petitioner for interest on delayed payment of pension has been rejected.

(2.) It transpires that the son of the petitioner namely Constable Gurmukh Singh, who was serving in Punjab Police was killed by terrorists on 04.02.1991. As per instructions issued by the State of Punjab, the petitioner being the mother of deceased Constable Gurmukh Singh, is entitled to special family pension equal to the pay last drawn by the deceased-employee. The petitioner, however, was granted a meager family pension @ Rs. 375/- per month w.e.f. 05.02.1991. The said special family pension was increased to Rs. 1,310/- per month w.e.f. 01.01.1996.

(3.) It has been brought out that the petitioner was entitled to pension @ Rs. 1,075/- per month w.e.f. 05.02.1991 till 31.12.1995. The petitioner was entitled to revised pension @ Rs. 3,279/- w.e.f. 01.01.1996. The other persons similarly situated as the petitioner were allowed special family pension at a higher rate. Aggrieved by denial of rightful claim of the petitioner, the petitioner represented to the respondents. It transpires that pension at enhanced rate was released to the petitioner on 19.02.2008 as is made out from order Annexure P-4.