KALA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The widow of late Professor Mohinder Singh Phor has approached this Court in terms of filing the instant writ petition praying for the issuance of a writ in the nature of mandamus for directing the respondents to grant to her family pension under the provisions of Family Pension Scheme, 1964 (hereinafter to be referred to as the '1964 Scheme'). It has been pleaded that late Shri Mohinder Singh Phor was appointed as a Lecturer in Political Science in the Haryana War Heroes Memorial College, Gohana, District Sonepat on 6.10.1971. Such College was thereafter taken over by the State of Haryana on 18.8.1980. In pursuance thereto, some of the members of the staff of the Haryana War Heroes Memorial College, Gohana including the late husband of the petitioner were issued fresh appointment orders from the Office of the Director of Higher Education Haryana. The husband of the petitioner as such entered in the Government service w.e.f. 12.2.1981. Unfortunately, Professor Mohinder Singh Phor died on 27.3.1981.

(2.) The petitioner earlier in point of time approached this Court by filing Civil Writ Petition No.15574 of 1997 for the grant of family pension but such petition was dismissed by a Division Bench of this Court vide order, dated 11.3.1998, Annexure P7.

(3.) The present petition has been filed yet again raising identical claim on the strength of clarification issued vide memo dated 23.4.2010 by the State of Haryana as regards Note-I, para 4 (i) Appendix-I of the 1964 Scheme, Annexure P8.