MUKHTIAR KAUR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) The grievance which is being raised by the petitioner in the present writ petition is that a sum of Rs. 1,87,753/- has been deducted from the benefits, which were paid to the petitioner after the death of her husband in respect of the services rendered by her late-husband with the Department of Transport, Government of Punjab.

(2.) As per the facts mentioned in the writ petition, the husband of the petitioner-Balkar Singh was serving in the Transport Department as a Conductor when, unfortunately he died on 10.03.2006 in harness. After the death, petitioner became entitled for the release of the benefits in respect of the service rendered by Sh. Balkar Singh. As the benefits for which the petitioner was entitled for after the death of her husband, were not being paid to her, she filed CWP-7438-2008 and during the pendency of the said writ petition, the respondents stated that certain amounts were due from the deceased employee at the time of his death and the respondents sought three months time to finalize the proceedings which were pending against the late husband of the petitioner and were creating impediment in the release of the benefits. Respondents also undertook that the amount which will be due to the petitioner will be released to her within the said period of three months. Keeping in view the said statement the writ petition filed by the petitioner was disposed of.

(3.) After the disposal of the writ petition, a sum of Rs. 36,943/- was released to the petitioner but a sum of Rs. 1,87,753/- was withheld by the respondent on the ground that the said amount was due from the deceased husband of the petitioner and was later on recovered vide order dated 17.07.2014 (Annexure P-1). In the said order the respondents stated that Sh. Balkar Singh i.e., the deceased employee had received excess pay amounting to Rs. 1,09,141/- before his death and further as the deceased employee had taken a housing loan out of which a sum of Rs. 67,200/- was pending to be released and also the house rent of the house in which the employee was staying, was not paid, on which account amount of Rs. 11,412/- was liable to be recovered. The total amount calculated by the respondents in order dated 17.07.2014 (Annexure P-1) was Rs. 1,87,753/-, which was recovered by the respondents. This order Annexure P-1 is under challenge in the present writ petition.