LAWS(P&H)-1994-1-156

KAMLA DEVI Vs. THE STATE OF PUNJAB

Decided On January 13, 1994
KAMLA DEVI Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The petitioner, a widow, besides impugning the order dated March 14, 1991 (Annexure P. 14) by which an amount of Rs. 10,865.10 ps. was ordered to be deducted from the amount of gratuity earned by her husband during the course of his service has also prayed for the release of various other service benefits which she claims had accrued to him. The respondents in the written statement have averred that the amounts due to the petitioner's husband have already been paid.

(2.) Mr. Girish Agnihotri, learned counsel for the petitioner, contests this and points out that no decision regarding the grant of proficiency step-up has been taken by the respondents in accordance with the rules. He submits that the petitioner's husband had been promoted as an Assistant Food and Supplies Officer on August 24, 1981, w.e.f. July 12, 1975 and shall be deemed to have completed eight years of service on July 11, 1983 so as to determine his entitlement for the grant of proficiency step-up. He submits that the plea of the respondents that the petitioner's husband had served only from August 25, 1981 to November 7, 1987, when he had passed away, cannot be sustained.

(3.) Apparently, the counsel seems to be right in his contention. The petitioner's husband having been promoted as an Assistant Food and Supplies Officer w.e.f. July 12, 1975, should be entitled to all consequential benefits on the assumption that he had been working on the post since the date from which he was deemed to have been promoted. However, Mr. Agnihotri submits that there are various claims which the petitioner wishes to make. He states that for the present, the petitioner would be satisfied if she is permitted to make a detailed representation to the Government in regard to all her claims and the respondents should be directed to decide it expeditiously. Ms. Charu Tuli, appearing for the respondents, has no objection.