KIRAN KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) We have heard the learned counsel for the parties at some length. In this petition under Articles 226/227 of the Constitution of India the petitioner prays for the issuance of a writ of certiorari for quashing the order dated 12.11.2002, annexure P-1 attached with the writ petition.

(2.) The Treasury Officer, Jagadhri District Yamuna Nager vide order dated 12.11.2002 made the following order on the representation of the petitioner itself :

(3.) It is not necessary for us to notice the detailed facts raised in the present petition. The facts are hardly in dispute. The petitioner is the wife of the deceased Madan Gopal Sharma and also has a daughter, namely, Himanshi. However, after the death of her husband, she remarried with the younger brother of the deceased. According to the respondents, she is not entitled to the family pension of deceased because of her remarriage. The respondents have placed reliance upon Rule 6.16 D(1)(3)(C) of Civil Service Rules, Volume II, in support of their contention.