Dimple Devi wd/o Late Sh.Raj Kumar v. State of Punjab & Ors.
Case at a glance
- Decided
- 09 May 2011
- Bench
- AUGUSTINE GEORGE MASIH
Outcome
Disposed of
thereon, the present writ petition is disposed of with directions to the
Provisions considered
Judgment
CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH * * * Present : Mr. P.K.Goklaney, Advocate, for the petitioner. * * * AUGUSTINE GEORGE MASIH, J. (ORAL) Counsel for the petitioner contends that the husband of the petitioner, who was working as a Safai Karamchari with the Municipal Council, Kotkapura, District Faridkot, died on 30.03.2009 during service. While granting the retiral benefits, the amount of gratuity paid to her has not been calculated as per the required formula under the Payment of Gratuity Act, 1972 and, therefore, much more amount should have been paid instead of ` 50,000/-, which has been paid to her. He further contends that arrears of salary have also not been paid to her, which she is entitled to. Apart from this, ex-gratia, as per the instructions dated C.W.P. No. 8169 of 2011 2
13.10.2010, has also not been paid to the petitioner. Claiming this benefit along with 12% interest, the petitioner has served a legal notice dated
Operative part
09.12.2010 (Annexure P-2) through her counsel, which, till date, has not been considered or decided by the respondents. He prays that the petition may be disposed of with directions to the Executive Officer, Muncipal Council, Kotkapura, District Faridkot-respondent No. 3 to consider and decide the same within some specified time. Without going into the merits of the case or commenting thereon, the present writ petition is disposed of with directions to the Executive Officer, Muncipal Council, Kotkapura, District Faridkot- respondent No. 3 to consider and decide the legal notice dated 09.12.2010 (Annexure P-2) within a period of three months' from the date of receipt of a certified copy of this order. In case, the petitioner is found entitled to the claim made therein, the dues be calculated and disbursed to her within a further period of two months. In case, the claim is rejected, a speaking order be conveyed to the petitioner forthwith. May 09, 2011 (AUGUSTINE GEORGE MASIH ) JUDGE
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: thereon, the present writ petition is disposed of with directions to the
Which statutory provisions did this judgment involve?
Payment of Gratuity Act, 1972.
Which court decided this case, and when?
Punjab & Haryana High Court, on 09 May 2011. The bench was AUGUSTINE GEORGE MASIH.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.