RAMRATI DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER is a widow of Attar Singh, Driver who died in a road accident on 18.09.1991 leaving behind his wife, minor daughter and son. Thereafter, petitioner was granted family pension and continued to receive the same till November, 1999 when a complaint was made to the Treasury Officer, Bhiwani with an assertion that the petitioner had remarried with Om Parkash younger brother of the deceased husband of the petitioner. On the basis of an enquiry held conclusion was drawn that since she has remarried, the family pension be stopped to her. Petitioner was not associated in the said enquiry which was held by the respondents.

(2.) NOW the petitioner has approached this Court for release of the family pension alongwith arrears and interest thereon. The stand taken by the respondents in the reply is that the petitioner having remarried after the death of her husband Attar Singh, she is not entitled to the benefit of family pension as per Rule 8.35 of the Punjab Civil Services Rules Volume -II. It has been asserted that since she is remarried to Om Parkash, the younger brother of late husband of the petitioner, the family pension has rightly been stopped and that to, on the basis of a report dated 07.12.1999 (Annexure R -2) .

(3.) COUNSEL for the respondents, on the other hand, contends that as per the provisions contained in Rule 8.35 of the Punjab Civil Services Rules Volume -II, the benefit is only admissible for the grant of family pension in the case of a widow. After remarriage, the petitioner is not a widow any more and, therefore, family pension cannot be granted to her.