STATE OF PUNJAB Vs. PHULAN RANI

JUDGEMENT

(1.) The petitioner - State of Punjab and others have filed this petition under Article 226/227 of the Constitution of India for quashing the orders dated 18.1.2000 (Annexure P-1) and 8.9.2000 (Annexure P-2) passed by the Hon'ble Lok Adalat whereby it has been directed to grant family pension to respondent No. 1 Phulan Rani and by the subsequent order the review application has been dismissed.

(2.) The facts leading to the case are that Mohinder Singh Walia, husband of respondent No. 1 Phulan Rani, was employed as Tubewell Operator in the Punjab Tubewell Circle in 1956. He continued as Tubewell Operator with the Punjab Irrigation Department up to 9.12.1983 when his services were terminated as the tubewells of the Irrigation Department stood transferred to the Punjab State Tubewell Corporation, Ltd. (Corporation - for short). However, after litigation on the orders of the Court, Mohinder Singh Walia was absorbed in the Corporation and he continued to work there as Tubewell Operator upto 30.4.1989 when he retired. Mohinder Singh Walia was granted pension for the period of service rendered with the State in the Punjab Irrigation Department upto 9.12.1983 vide Pension payment Order No. 56660/Pb. At the time of retirement from the Corporation, he was paid terminal benefits like Contributory Provident Fund including the employer share for the portion of service rendered with the Corporation. He died on 18.12.1992. During his retirement he received pension from the office of District Treasury Officer, Kapurthala from 1.5.1989 up to the date of his demise.

(3.) Phulan Rani respondent No. 1 claimed family pension on the demise of her husband Mohinder Singh Walia by way of Civil Writ Petition No. 13555 of 1994 filed in this Court. The case was referred to the Lok Adalat. This claim of respondent No. 1 was allowed by the Lok Adalat vide its order dated 18.1.2000 (Annexure P-1). Thereafter, the Corporation filed Civil Misc. No. 15398 of 2000 in the aforesaid writ petition for review of the said order dated 18.1.2000 which was dismissed by the Lok Adalat on 8.9.2000 (Annexure P-2). Now the present petition has been filed challenging the aforesaid orders dated 18.1.2000 (Annexure P-1) and 8.9.2000 (Annexure P-2).