SHAKUNTALA JAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The relief asked for in the present petition is for interest on delayed payments only.

(2.) The husband of the petitioner, who was working as Junior Engineer, died in October 1983 while in service. The petitioner, who happens to be his widow, was given family pension vide pension payment order No. 7210/P/Haryana. The 4th pay Commission which came into existence in 1989 was to be implemented in view of the letter dated 28.12.1989. Pursuant to the recommendations of 4th Pay Commission, the family pension payable to the petitioner was required to be re -fixed w.e.f. 1.1.1986 and arrears of pension were also required to be paid to her. The respondents failed to perform their duty of re -fixation of her family pension and for payment of the same to the petitioner. The petitioner submitted a representation dated 5.4.1997. It is the case of the petitioner that she is not educated and had to struggle to raise a family of three daughters and three sons, the eldest son being totally handicapped. The representation was favourably, considered by the respondents and in June 1992 vide (annexure P2), Accountant General, Haryana, re -fixed the family pension of the petitioner, pursuant to which an amount of Rs. 49,199/ - as principal amount was paid to the petitioner. The claim of the petitioner in the present writ, as mentioned above, is only with regard to payment of interest.

(3.) The facts as detailed above have not at all been controverted in the written statement filed on behalf of the respondents. It has been pleaded that inasmuch as the petitioner did not approach the respondent department for number of years for the grant of revision in pension, the petitioner is not entitled to any interest.