SANTOSH DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER has approached this Court, praying for quashing of impugned orders/letter dated 24.01.2012 (Annexure P -8), dated 10.02.2012 (Annexure P -9) and dated 08.11.2012 (Annexure P -10), respectively vide which respondent No.3 has sought to make recovery of an amount of Rs.11,84,402/ - from the pension of the petitioner.

(2.) IT is the contention of counsel for the petitioner that the husband of the petitioner, who was working as a Head Constable, died in a motor vehicle accident while performing his official duties on 26.07.2006. The petitioner was granted the financial assistance as per Haryana Compassionate Assistance to the Dependent of Deceased Government Employees Rules, 2006 (for short, "the 2006 Rules"). However, vide impugned orders, it has been asserted that she would only be entitled to grant of lump -sum amount of Rs. 5,00,000/ - and the excess amount paid to the petitioner, as per 2006 Rules, is being sought to be recovered. This, the counsel contends, is not sustainable in the light of the judgement passed by this Court in Civil Writ Petition No.20405 of 2010 (Saroj Versus Special Secretary, Development and Panchayat Department, Haryana and another), on 17.05.2012, where similar matter has been considered and decided, holding therein that wherever the cases for grant of benefit under the statutory rules were pending consideration and the subsequent rules have come into effect, the same shall be governed by the subsequent rules, especially in view of Rules 6 and 8 of the 2006 Rules.

(3.) HAVING considered the submissions made by counsel for the parties, I am of the view that the case of the petitioner is covered in her favour by the judgement passed by this Court in Saroj's case (supra), where it has been held as follows: -