KRISHNA DEVI Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner, who is widow, has made a claim for grant of family pension on account of death of her husband, who was working as Driver with the respondents. The family pension has been denied to the petitioner on the ground that her late husband had only one day's regular service when he died and as such, the petitioner would not be entitled to the family pension.

(2.) Having served in the Army from 23.7.1976 to 31.3.1993 and upon his retirement in the rank of Nayak, the late husband of the petitioner had joined the respondent Department as Driver on 16.6.1994. Initially, he had joined as a contractual employee. Though he was entitled to be regularised on completion of two years of service but still his services were not regularised. Unfortunately, the husband of the petitioner died on 7.1.1998 in a road accident. On 10.2.1999, the services of the husband of the petitioner were regularised w.e.f. 7.1.1998. The petitioner was granted ex-gratia amount due to the death of her husband but her claim for family pension was declined. In fact, the petitioner was granted ex-gratia payment also by this Court when she filed a Civil Writ Petition No. 1200 of 2007, which was allowed on 25.3.2009. The petitioner, however, could not make a claim for family pension and, thus, has filed the present writ petition.

(3.) Written statement on behalf of respondent Nos. 1 to 4 has been filed. The factual averments made in the petition are not much in dispute. It is pointed out that the husband of the petitioner had only one day's regular service, when he died and the requirement under the Rules is that the employee must have one year regular continuous service at the time of death for entitling his L.Rs for family pension. Accordingly, the claim of the petitioner for family pension has been disputed.