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Judgment
Kurian Joseph, C.J.—The writ petition is filed with the following prayers:
(i) That the writ in the nature of mandamus may kindly be issued directing the respondents to release the salary in favour of the petitioner through his wife w.e.f. 1988 along with interest at the rate of 12% per annum from the date it fell due till its realization for which the petitioner humbly prays.
(ii) That the writ in the nature of mandamus may kindly be issued directing the respondents to consider the case of the son of the petitioner for being appointed on compassionate grounds.
It is seen from the order passed by the Deputy Commissioner, Shimla on 16th June, 2010, which is taken on record that the petitioner has been retired granting him invalid pension under Rule 38 of the Central Civil Services (Pension) Rules, 1972. If that be so, the wife of the petitioner is entitled to compassionate appointment. It is seen that there is recommendation by the Sub Divisional Magistrate, as can be seen from Annexure P-4.
There will be a direction to first and second respondents to consider the claim of the petitioner''s wife/son for compassionate appointment. Orders in that regard shall be passed within three months from the date of production of the copy of this judgment.
As far as disbursement of eligible benefits are concerned, it is seen from the communication, dated 25th June, 2010 from the Deputy Commissioner, Shimla that pension papers are being processed and it will take three to four months for finalizing the same. The said communication is taken on record. Now it is around four months.
There will be a direction to the respondents to disburse the entire eligible benefits to the petitioner within three seeks from the date of production of the copy of this judgment by the petitioner before the second respondent. It is made clear that in case the benefits, as above, are not disbursed, the petitioner will be entitled to interest at the rate of 12% per annum w.e.f. the date of filing the writ petition i.e. 2nd March, 2010 and the officer responsible for the delay shall be personally liable for the same.
The writ petition is disposed of, so also the pending application(s), if any.