MODAN Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner seeks a direction to the respondents to release the pension of late Smt. Hoshiar Kaur w.e.f. 31.1.2009 to 24.10.2009 with a further prayer that the order of the Accounts Officer dated 4.3.2009 rejecting the claim of Smt. Hoshiar Kaur for release of pension be set aside. Reliance is placed upon a Division Bench judgment of this Court dated 29.8.2011 passed in C.W.P. No.9112 of 2010, Talwinder Singh and others v. State of Punjab and others.

(2.) Having heard learned counsel for the parties and considering the relief sought by the petitioner but without expressing any views on his entitlement, I deem it appropriate to dispose of this writ petition with a direction to the respondents to consider the claim of the petitioner in the light of the Division Bench decision of this Court in Talwinder Singh and others v. State of Punjab and others . It is directed that in case the petitioner's claim is found covered under the aforesaid decision, the consequential benefits shall be given notionally. However, if the respondents find that the claim of the petitioner is distinguishable, they shall dispose of it by passing a speaking order within a period of four months from the date of receipt of a certified copy of this order.

(3.) Ordered accordingly.