LAWS(P&H)-2018-9-19

NIMRITA NARESH KAUR Vs. PUNJAB AGRICULTURE UNIVERSITY

Decided On September 19, 2018
Nimrita Naresh Kaur Appellant
V/S
Punjab Agriculture University Respondents

JUDGEMENT

(1.) Through the instant petition preferred under Article 226/227 of the Constitution of India, petitioner has sought issuance of a writ in the nature of certiorari, quashing letter/memo dated September 29, 2005 (Annexure P-18) issued by respondent No.4; for issuance of a writ in the nature of mandamus, directing the respondents to make payment of Rs. 3,50,000/- on account of Teachers Welfare Scheme and Teachers Welfare Fund and Rs. 46,000/- on account of arrears of pay of petitioner's husband alongwith interest; for issuance of a writ in the nature of mandamus, directing the respondents to pay interest @ 18% per annum on account of delayed payment of arrears of pension/pensionary benefits from the date they were due till date of actual payment as well as sought stay of operation of letter/memo dated September 29, 2005 (Annexure P-18) and recovery of amount of Rs 3,54,125/-.

(2.) Vide order dated March 09, 2007, case was admitted for hearing and the impugned order was stayed till pendency of instant petition.

(3.) Petitioner is w/o late Dr. Surinder Pal Singh who was working as Senior Soil Chemist in the Department of Soils, Punjab Agriculture University, Ludhiana since January 27, 1978. Husband of petitioner died during service on August 29, 2000 leaving behind his wife, minor daughter, sister Gurinder Kaur and mother Gurdial Kaur. At that time, he was occupying house No.10/33 allotted in his name on June 24, 1999. On September 01, 2000, University authorities sealed the said house as per orders of Vice Chancellor. Petitioner alongwith her minor daughter were granted legal heir certificate from the Deputy Commissioner, Ludhiana on November 02, 2000. The same was submitted on November 05, 2000 with Estate Officer, PAU, Ludhiana, but despite that, she was not allowed to enter the house in question whereas as per University Rules, family of a deceased employee is provided free accommodation for one year from the date of death of the employee.