LADO DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) RAJBIR Singh was working as Clerk in the office of Sub Divisional Officer (Civil), Loharu, District Bhiwani. He died as 23.9.1994 in harness. Vide PPO No. 18773/F family pension was released to his widow Raj Bala because deceased has no child. On 14.1.1999 petitioner applied for grant of family pension to her. In her application she stated that widow of Rajbir Singh had got remarried with Bir Singh son of Jug Lal on 14.3.1996. On receipt of application an enquiry was got conducted from Naib Tehsildar, Loharu who vide his report dated 27.1.1999 confirmed the factum of remarriage of Raj Bala. On receipt of the report, payment of family pension to Raj Bala was stopped. Request made by the petitioner for grant of family pension to her was also not acceded to. Hence, the present writ petition.

(2.) IT is pleaded in the written statement that the family pension to the petitioner has been denied on the ground that mother is not included in the definition of family under the family pension Scheme.

(3.) AFTER hearing learned counsel and on going through the record of the writ petition, I am of the view that the petitioner is entitled to family pension in view of law laid down by this Court in Kharak Singh's case (supra). In this case this Court has held as under :-