PUNEET SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner prays for the issuance of a writ of mandamus directing the respondent to grant pensionary benefits.

(2.) PUNEET Sharma, the adopted son of Shiv Ram Sharma, a minor has filed this petition through his mother Smt. Shashi Sharma. Shiv Ram Sharma was an employee of the Haryana Government. He was serving as under Secretary in the Haryana Civil Secretariat and on attaining the age of superannuation, he retired on 31.8.1991. Shashi Sharing, the mother of the petitioner and real sister of Shiv Ram Sharma was married to Ji -wan Sharma on 30.6.1982. From the wedlock, Puneet Sharma was born on 29.3.1983. Since the marriage did not last for long, therefore, their marriage was dissolved under Section 13B of the Hindu Marriage Act as per decree dated 2.2.1985, Annexure P -2. Shashi Sharma was unemployed and there was no one to look after her and her son except her brother Shiv Ram Sharma. Therefore, he had adopted Puneet Sharma when he was two years old as per Adoption Deed dated 26.8.1985, Annexure P -3. Shiv Ram Sharma had been supporting and maintaining the petitioner and his mother. They had been living together. The ration card was also joint. On the death of Shiv Ram Sharma on 19.3.1997, the petitioner applied for family pension but he was directed to obtain the succession certificate from the court to the effect that he is the adopted son. Accordingly, succession certificate was issued in his favour under Section 372 of the Indian Succession Act, which was produced before the competent authority. But, even then they did not consider the case of the petitioner for family pension. Hence, this petition.

(3.) I have heard Shri O.P. Goyal, Senior Advocate, assisted by Shri Pramod Goyal, Advocate and Ms. Palika Monga, Assistant Advocate General, Haryana.