RAJ KUMARI Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) CM No. 10347 of 2011

(2.) CIVIL Miscellaneous application is allowed as prayed for. The main case taken up on the Board today itself for final disposal.

(3.) BRIEF facts that would require notice are that the husband of the petitioner was working as a Mechanic with Punjab Roadways, Hoshiarpur. He died in harness during the course of his duties, on 23.6.1987. The husband of the petitioner during his life time was contributing to the Employees' State Insurance Scheme (for short to be referred as 'ESI Scheme') under the Employees' State Insurance Act, 1948 (hereinafter to be referred as '1948 Act'). As the employees of the State Government are entitled to family pension, accordingly, the General Manager, Punjab Roadways, Hoshiarpur submitted the family pension case pertaining to the husband of the petitioner to the Accountant General, Punjab. In pursuance thereof, Accountant General, Punjab -respondent No. 5 issued PPO No. 18780/S/PB dated 3.2.1988 to the Treasury Officer, Hoshiarpur -respondent No. 4 and a copy of the same was endorsed to the petitioner. Apparently, when the petitioner presented herself before respondent No. 4 to receive the family pension, the same was refused. Appended along with the petition is memo dated 18.3.1988, Annexure P2, issued by the Treasury Officer, Hoshiarpur and addressed to the Accountant General, Punjab wherein it has been intimated that the petitioner, holder of PPO No. 18780 is getting Rs. 28/ - per day as disablement benefit from the office of Manager, ESI Corporation and, accordingly, a view was taken that one of the pensions was required to be stopped i.e. either pension from ESI or Punjab. Repeated representations submitted by the petitioner to the authorities for release of family pension did not bear any fruit and it is under such circumstances that the widow has been constrained to approach this Court by way of filing the instant petition.