KRISHNA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Feeling aggrieved against the impugned order dated 30.11.2009 (Annexure P-5) and 19.3.2013 (Annexure P-10) passed by the respondent authorities, petitioner has approached this court by way of instant writ petition, under Articles 226/227 of the Constitution of India, seeking a writ in the nature of Certiorari for quashing the impugned orders. Petitioner also prays for a writ in the nature of Mandamus directing the respondent authorities to grant benefit of the policy decisions dated 31.1.2006 (Annexure P-2) as well as dated 1.8.2006 (Annexure P-4).

(2.) Notice of motion was issued and pursuant thereto, written statement was filed on behalf of respondents no.1 to 3.

(3.) Learned counsel for the petitioner submits that disability of the husband of the petitioner to the extent of 70% was never in dispute. He places reliance on the disability certificate dated 15.7.2009 issued by the Chairman, Medical Board and Civil Surgeon, Panchkula. He further submits that the policy decisions Annexure R-1 and R-2 were never got noted in writing from the husband of the petitioner, while he was in service. Learned counsel for the petitioner would next contend that it was none of the fault of the petitioner, because the requisite certificate was issued by the competent authority vide Annexure P-1 in spite of issuance of Annexures R-1 and R- 2. In support of his contentions, learned counsel for the petitioner places reliance on a Division Bench judgement dated 14.8.2013 passed by this court in 2013(4) S.C.T. 837 : CWP No.7408 of 1999 (O.P. Garg Vs. State of Punjab and others). He prays for setting aside the impugned orders, by allowing the present writ petition.