HUKMI DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) (Oral) - The petitioner has filed this petition in the nature of ceritorari for quashing para 4(ii) of the Family Pension Scheme, 1964 (as applicable to Haryana State) being ultra-vires to the extent, it excludes parents of a deceased Government employee from the definition of "family", for grant of family pension.

(2.) The petitioner has averred that her son Basant Kumar was employed as a Peon in the Court of Sub Judge, Karnal with effect from Nov. 13, 1995. He was a regular employee. He expired on Feb. 4, 2000 while in service. His dead body was found in Karan Tal Park at Karnal. A copy of the death certificate dated Feb. 24, 2000 is annexed with the petition as Annexure P-1.

(3.) The petitioner's husband, who was an advocate, died in the year 1995. She had two sons and a daughter. After the death of Basant Kumar, the petitioner being dependent upon her son, was sanctioned Death-cum-Retirement Gratuity amounting to Rs. 22,854/-.