SURINDER KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) By this common order, above-mentioned two Civil Writ Petitions are being disposed of in the light of common question of law and similar facts involved. For the sake of convenience, the facts are being extracted from CWP No.1928-2007 titled 'Surinder Kaur Vs. State 4of Punjab and others'.

(2.) In CWP-1928-2007, husband of the petitioner was working in the Punjab Police and while on duty, her husband was killed by terrorists on 23.11.1990. After the death of her husband, petitioner was entitled for certain benefits such as free education to the children upto the University level; 2% reservation of LIG houses; allotment of residential and commercial sites and shops at reserved price; grant of interest free loan; issuance of yellow cards; grant to permit of plying Mini Buses; and allotment of fair price shops. It has been averred that though these benefits should have been given to the petitioner, but none of these benefit was extended to her, after the death of her husband. Only benefits, which was extended to the petitioner after the death of her husband was sum of Rs. 4,10,632/- as family pension.

(3.) The grievance of the petitioner is that suddenly, without giving any show cause notice, respondents reduced the family pension of the petitioner and also effected the recovery to the tune of Rs. 1,49,640/-. A specific averment has been made by the petitioner in paragraph No.8 of the writ petition that no show cause notice whatsoever was given to her before effecting the recovery. A challenge in the present writ petition is to the action of the respondents in reducing the pension of the petitioner and the consequent recovery from her that too without issuing any show cause notice and without affording any opportunity of hearing.