KALAWATI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present writ petition is filed for directing respondent No.4 to release the family pension to the petitioner being widow of the deceased late Shri Zile Singh.

(2.) The facts, in short, are that the husband of the petitioner i.e. late Shri Zile Singh was earlier married to Smt. Darshana Devi, who expired on 13.08.1987 leaving behind two minor sons namely Ravi Kumar and Deepak Kumar. The date of birth of Ravi Kumar is 30.06.1982 and Deepak Kumar is 03.08.1985. Subsequently, Zile Singh got married to the present petitioner. A daughter was born out of this marriage. Meanwhile, the husband of the petitioner died on 30.07.2003. The petitioner applied for family pension but the same was denied by the respondent-department on account of the representation made by respondent Nos.5 and 6 i.e. Ravi Kumar and Deepak Kumar. Today, learned counsel for the petitioner has very fairly stated that the petitioner has no objection in case respondent Nos.5 and 6 are given the family pension as per their respective shares, in accordance with the rules as applicable.

(3.) Admittedly, as per the Family Pension Rules, which are reproduced in para 7 of the amended writ petition, in case an officer is survived by a widow but has left behind an eligible minor child from another wife, such son/unmarried daughter is entitled to the pension till they attain the age of 25 years but become ineligible in case they start earning their livelihood or attains the age of 25 years which ever is earlier.