LAKHI RAM Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner has preferred the present writ petition under Articles 226 and 227 of the Constitution of India for issuance of writ of certiorari for quashing the orders dated 06.08.2012, 03.05.2013 and 12.09.2014 (Annexure P-18, P-23 and P-27 respectively) vide which the claim of the petitioner for Constant Attendant-Allowance has been declined. The petitioner also sought issuance of writ of mandamus for directing the respondents to grant Constant Attendant-Allowance w.e.f. 01.07.1991 to 31.12.1995 along with interest.

(2.) Brief facts of this case are that the petitioner-Lakhi Ram while working as Octroi Clerk, in the Municipal Council, Lehragagga, was injured in the terrorist violence in the State of Punjab on 13.10.1990 while on duty. As a result of injury, he was rendered handicapped and as such retired from service of Municipal Council, Lehragagga, at the age of 53 years as he was not fit for the post of Octroi Clerk. Consequently, he was granted invalid pension w.e.f. 01.07.1991. Now, the claim of the petitioner is that the Government have issued instructions dated 17.08.2009 (Annexure P-9) in which Constant Attendant Allowance has been allowed @ Rs. 3000/- per month which is in addition to the disability pension and other benefits.

(3.) The relevant extract from the said instructions regarding Constant Attendant-Allowance are reproduced as under:-