SITA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Late Inder Kaur, daughter of the petitioner, was working as a JBT Teacher in the Government Primary School, Sultanpur, Block Ladwa, District Kurukshetra when she unfortunately passed away in an accident on 07.07.2003. The mother being the petitioner filed the present petition seeking release of family pension from the date of her death alongwith interest.

(2.) In the course of hearing of the writ petition, a Division Bench of this Court noticed different judgements of the two Division Benches which had taken contrary view qua the material aspect in question. In Usha Rani Vs State of Haryana and others, 2005 1 SCT 410, the dependent of an employee who had died in harness and was working on work-charge basis was held entitled to family pension. On the other hand, in CWP No. 1851 of 2006 titled as Shanti Devi Vs State of Haryana and others decided on 07.02.2006, the claim of dependent of the deceased government employee was rejected on the basis that the employee should be 'a regular employee on pensionable establishment'.

(3.) It is in view of this conflict of judicial view that the matter has been referred to a larger Bench vide order dated 30.11.2007.