STATE OF PUNJAB Vs. MOHINDERJIT KAUR

JUDGEMENT

(1.) Leave granted.

(2.) The respondent filed Civil Writ Petition No.15741/2003 before the Punjab and Haryana High Court, seeking a direction to the present appellants to allow family pension to her from the date of death of her husband late Shri Joginder Singh along with interest @ 18% from the date of accrual till the date of realization and other benefits. In support of the claim, respondent placed reliance on a decision of the High Court in the case of State of Punjab and Ors. vs. Phulan Rani and Anr. (CWP No.4708/2002 decided on 26-5-2003). Though it was brought to the notice of the High Court that special leave petition was filed against the High Courts order dated 26-5-2003, the High Court proceeded to dispose of the matter relying on the decision in the earlier case noted i.e. State of Punjab and Ors. vs. Phulan Rani and Anr. It was held that the case was squarely covered by the decision in Phulan Ranis case (supra).

(3.) It is to be noted that the writ petition in Phulan Ranis case (supra) was disposed of at the Lok Adalat and the writ petition to recall the order passed by the Lok Adalat was rejected and a review application made also met the same fate. The matter was agitated by the appellant-State before this Court contending that the writ petition could not have been disposed of at the Lok Adalat.