Please Log in / Register to access the full text of this judgment and the entire database
(2022) Law Today Live Doc. Id. 17261
Decided on: 29.11.2022
Present:
Mr. Shvetanshu Goel, Advocate for the petitioner.
Constitution of India, Article 226 -- Daily wager – Pensionary benefit to wife -- Daily-wager period as qualifying period -- Services of husband of petitioner regularised w.e.f. 10.05.1993, later expired on 26.02.2017 – Contention that petitioner-wife is entitled to receive the revised pensionary benefits by treating the services rendered by her husband prior to his regularization as qualifying service in terms of the law laid down by the Full Bench in Kesar Chand’s case AIR 1998 (Punjab) 265 – Petition disposed of with a direction to respondent No.2 to consider and decide the legal notice in the light of the aforenoted judgment and other relevant material within a period of four months.
(Para 1-5)
Cases referred:
1. Kesar Chand versus State of Punjab, AIR 1998 (Punjab) 265.
***
ANUPINDER SINGH GREWAL, J. (ORAL) –
1. Learned counsel for the petitioner submits that the services of the husband of the petitioner, who was working on daily wages, had been regularized w.e.f. 10.05.1993. He had later expired on 26.02.2017. The petitioner is entitled to receive the revised pensionary benefits by treating the services rendered by her husband prior to his regularization as qualifying service in terms of the law laid down by the Full Bench of this Court in the case of Kesar Chand versus State of Punjab, AIR 1998 (Punjab) 265. He also submits that the petitioner has sent a legal notice dated 27.09.2022 (Annexure P-2) in this regard to the respondents and the petition be disposed of with a direction to respondent No.2 to consider and decide the same in accordance with law.
2. Issue notice to the respondents.
3. Mr. Dushyant Saharan, Advocate has put in appearance on behalf of the respondents.
4. Heard.
5. The petition is disposed of with a direction to respondent No.2 to consider and decide the legal notice dated 27.09.2022 (Annexure P-2) in the light of the aforenoted judgment and other relevant material within a period of four months from the date of receipt of certified copy of this order.
Order accordingly.
********