DHAN KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The son of the petitioner was appointed as Conductor on 28.2.1994 on contractual basis with Haryana Roadways Ambala Depot. He unfortunately expired on 6.5.1996 during the course of his service. The State Government issued policy dated 23.3.1998 whereby a decision had been taken to regularize the services of all Conductors/Driver working on contractual basis on completion of two years service. In the light of such policy decision, order dated 30.11.2009 was passed whereby the deceased son of the petitioner was taken to be regularized in service w.e.f. 28.3.1996. After the passing of such order of regularization, Pension Payment Order dated 15.3.2011 was issued whereby family pension has been sanctioned to the petitioner by the competent authority w.e.f. 21.7.2006.

(2.) The instant writ petition has been filed impugning the Pension Payment Order dated 15.3.2011, Annexure P3, to the extent that the grant of family pension be not restricted w.e.f. 21.7.2006, but the same be made admissible with effect from the date of death of the son of the petitioner i.e. 6.5.1996.

(3.) The claim of the petitioner has been opposed by the State in terms of referring to notification dated 21.7.2006 appended as Annexure R1 along with the written statement whereby the Punjab Civil Services Rules, Vol.II (as applicable to the State of Haryana were amended and in Appendix I in relation to Family Pension Scheme, 1964, sub-para (iii) was substituted in para 4 and the parents who were wholly dependent on the concerned Government employee when he/she was alive, were made eligible for the grant of family pension. Still further, it has been averred in para 8 of the written statement that prior to issuance of notification dated 21.7.2006, there was no provision for the grant of family pension to the parents of an unmarried employee who dies in harness and the parents have been included in the list of dependents by the State of Haryana only vide notification dated 21.7.2006.