LAWS(P&H)-2002-4-109

PHOOL PATI Vs. HARYANA STATE ELECTRICITY BOARD (OPERATION) NOW RE-DESIGNATED AS DAKSHIN HARYANA VIDYUT PARSARN NIGAM LIMITED AND ANR.

Decided On April 30, 2002
PHOOL PATI Appellant
V/S
Haryana State Electricity Board (Operation) Now Re -Designated As Dakshin Haryana Vidyut Parsarn Nigam Limited And Anr. Respondents

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree passed by Shri N.C. Nahata, learned Additional District Judge (I), Jind, in Civil Appeal No. 96 of 26.09.1998/28.08.1998, decided on 04.11.1999.

(2.) CAN the mother of a deceased employee be denied the grant of family pension as the parents are not included in the definition of "family" as given in Clause 4(ii) (Appendix 1) of the Family Pension Scheme, 1964, is the substantial question of law which arises for consideration in the present appeal.

(3.) THE learned trial court partly decreed the suit. The relief with regard to the appointment on compassionate grounds has been denied. The appellant has, however, been granted relief of family pension alongwith interest at the rate 15% p.a. from the date of death of the employee i.e. Dharambir, Assistant Line Man.