AIR MARSHAL SHIVDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) AIR Marshal Shivdev Singh who died during the pendency of the writ petition and in whose place his legal heirs came to be substituted and arrayed as party petitioner, filed a petition seeking a writ in the nature of mandamus directing respondents herein to release and pay all related and incidental reliefs alongwith pension as admissible from time to time.

(2.) THE controversy with regard to the entitlement of the petitioner is not at all disputed. After having a long innings in the Indian Air Force, Air Marshal Shivdev Singh came to be appointed as Member of Punjab Public Service Commission on 28th April, 1978 from which appointment he retired on 27th of April, 1979. He successfully contested the claim of the pension by filing Civil Writ Petition on that behalf bearing No. 15436 of 1989 which was allowed on 19th of November, 1990 (Annexure P-1). His pension papers were issued thereafter on Ist of June, 1991. Vide notification issued on that behalf on 25th of September, 1984 (Annexure P-2) clause 4 was added in the Punjab State Public Service Commission (Conditions of Service) Regulations, 1958 in regulation 8 after clause (3). The added clause reads thus:-

(3.) THAT being the position, as referred to above, this petition has to be allowed. A direction is, thus, issued to the respondents herein to pay to the legal heirs of Air Marshal Shivdev Singh the benefits contained in para 4 of the Annexure P-4. In so far as the pension of the petitioner from 6.2.1992 to 29.12.1993 the date when he died is concerned, the same concededly stands paid to him by calculating the same in view of Annexure P-5. This petition is, thus, disposed of in the manner as indicated above.