VIJAY SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) IT is pleaded that the wife of the petitioner was appointed as a JBT Teacher on 10.10.1984 and her services were regularized w.e.f. 01.11.1986. Wife of the petitioner expired on 02.10.1995 on account of burn injuries. It has been pleaded that the petitioner being the husband was falsely implicated in the matter and even criminal prosecution was launched against him. Subsequently, the petitioner was acquitted of the charges. The petitioner thereafter submitted an application for release of family pension and other admissible retiral benefits in respect of his late wife.

(2.) THE grievance raised in the present writ petition is that till date the claim for family pension pertaining to the wife of the petitioner has not been settled. Counsel would argue that under the Family Pension Scheme, 1964, family pension is admissible to a wife in the case of death of a male officer, to a husband in the case of female officer. Counsel further contends that even the requisite legal heir certificate has been submitted by the petitioner. Counsel would even refer to a communication dated 07.08.2008 (Annexure P-2) issued from the office of the Accountant General, Haryana and addressed to the Block Education Officer, Jhajjar, whereby the family pension case in respect of late Smt. Sarita i.e. the wife of the petitioner was returned with the remarks that special sanction from the Finance Department, Haryana has to be obtained as the family pension case was sent to the office after more than 12 years. Accordingly, the Block Education Officer, Jhajjar had been directed to re-submit the family pension case for sanction with the Finance Department.