A.L. Bahri, J. - (1.) THE Petitioners, Ram Sarup and Shiv Parshad, aref brothers of Hans Raj who was employed as Moharrir in the Municipal Committee, Kharar. On his death, the Petitioners applied to the Municipal Committee for payment of provident fund, gratuity, ex gratia amount as well as salary of Hans Raj deceased. A copy of the application filed by the Petitioners dated June 3, 1985, is Annexure P -l. In response to the same, reply was received from the Municipal Committee on June 18, 1985, asking them to produce succession certificate with regard to the estate of Hans Raj deceased. Copy of the said letter is Annexure P -2. The Petitioners obtained the succession certificate from the civil Court, copy of which is Annexure P -3. They again approached the Municipal" Committee with a representation dated April 30, 1986, copy Annexure P -4. In spite of their best efforts, the amount due was not paid to them. Instead they were asked to produce age certificates. Both the Petitioners in this writ petition pray for issuing writ of
(2.) MANDAMUS directing the State of Punjab as well as the Municipal Committee, Kharar, to release payments covered by provident fund, gratuity, ex gratia grant and salary. Written -statement on behalf of the Respondent -Municipal Committee was filed by Shri R. L. Kalsia, P.C.S., Administrator of the Committee. The claim of the Petitioners was refuted on the ground that, they were not covered under the definition of "family" as defined in clause XVI(l) (aa) of the Punjab Municipal Account Code, 1930, as well as defined in Rule 6.16 (C) -B(l) of the Punjab Civil Services Rules. With respect to the salary, it was stated that a sum of Rs. 812 was due, which the Petitioners could collect from the office of the Municipal Committee.
(3.) AT the time of arguments it was represented on behalf of the Municipal Committee that the amount of salary due has already been disbursed to the Petitioners. However, counsel for the Petitioners was not in a position to admit or deny this fact. That being the position, the only direction that can be given in the circumstances is that if the amount of salary has not so far been disbursed to the Petitioners, it will be done now.;