(1.) The petitioner, Smt. Manjit Kaur, through this writ petition has made a prayer that retiral benefits, which were due to her husband Shri Hakikat Rai, should be paid to her.
(2.) The case set up by the petitioner is that her husband joined the service on 6.11.1987 as Sweeper-cum-Chowkidar and he expired on 5.5.1996. He earlier filed a civil writ petition in the Hon'ble High Court claiming the seniority benefit. That writ petition is still pending. The retiral benefits are being deprived to the petitioner mainly on the ground that since the writ petition of the deceased regarding seniority is pending, therefore, nothing can be granted to her. The stand taken by the respondent authorities is hardly tenable. The matter regarding seniority, subject matter of the writ petition filed by the deceased, has nothing to do with the present prayer. It is a common case of the parties that the husband of the petitioner died on 5.5.1996.
(3.) In these circumstances, I give direction to the respondent authorities to release the pensionary benefits to the petitioner within four months from the receipt of the copy of this order. The decision of the present writ petition will not have any bearing on the other writ petition filed by the deceased Hakikat Rai.