BIMLA DEVI WIDOW Vs. STATE OF HARYANA

JUDGEMENT

(1.) LATE Balwant Singh was appointed as, a J. B. T. Teacher on October 19, 1969 on ad hoc basis. His services were later on regularised w. e. f. January 1, 1979. He died on July 19, 1979. His widow claimed family pension from the respondents. Having failed to get any pension, she has approached this Court through the present writ petition.

(2.) IN the written statement filed On behalf of the respondents, it has been inter alia averred that the petitioners husband had not completed one years regular service as required under Rule 6. 16 (D) read with Append ix-I of the Punjab Civil Services Rules, Volume- II. As such, the respondents claim that the petitioner is not entitled to any pensionary benefits, like family pension. It has been further averred that the petition deserves to be dismissed on the ground of delay. On merits, it has been averred that the petitioner's husband had worked upto July 19, 1979 with 391 days breaks in service from time to time. The respondents have also pointed out that the petitioner was provided employment as per her qualifications.

(3.) I have heard Mr. J. S. Maanipur for the petitioner and Mr. Jaswant Singh for the respondents. Mr. Maanipur has pointed out. that the provisions of Rule 6. 16 (D) and Appendix-I had been omitted. He further submits that in accordance with Rule 6. 17, the petitioner is. entitled to the grant of family pension. Mr. Jaswant Singh, learned counsel for the respondents is unable to controvert the submission made on behalf of the petitioner that Rule 6. 16 (D) and Appendix-I had been omitted from the Statute book even before the filing of the written statement.