SANTRA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this petition filed under Articles 226/227 of the Constitution of India, the prayer made is that a direction be issued to the respondents to grant/release family pension to the petitioner with effect from 28.9.1983 on account of the death of her husband, Ramesh Chander, who died on 27.9.1983. The petitioner has also prayed for a direction to pay the arrears of family pension with interest at the rate of 18% per annum and also to pay compensation to the tune of Rs. one lac with interest at the rate of 18% per annum for suffering and mental torture.

(2.) Briefly, the case of the petitioner is that her husband, Ramesh Chander was a regular employee of the State of Haryana and he had been working as a Mate in the Hospitality Organisation since 1979. Due to some illness, he died on 27.9.1983. The petitioner made a representation to the Director, Department of Hospitality Organisation, Haryana on 20.2.1984 for giving her appointment under the ex gratia scheme and also for grant of family pension under the Family Pension Scheme, 1964 as applicable to the employees of the State of Haryana. Respondent No. 2 asked the petitioner to furnish necessary documents regarding proof of qualification and age vide letter dated 7.3.1984, Annexure P-1. The petitioner filed affidavit dated 12.3.1984. Annexure P-2. Finding no response, the petitioner made another representation dated 26.4.1988 seeking the requisite relief. Still no action having been taken, the petitioner sent a reminder dated 10.3.1996 reiterating her prayer made in the earlier representations. The claim of the petitioner regarding compassionate appointment was, however, rejected and an information in this behalf was sent to the petitioner vide letter dated 12.11.1999, Annexure P-5. The petitioner then submitted another representation dated 4.10.2001 (Annexure P-6) for grant of family pension only. On receipt of this request, though certain documents were asked for and formalities got completed from the petitioner, but even then no action was taken which constrained the petitioner to serve a legal notice dated 15.1.2004 (Annexure P-11) on the respondents. Ultimately, the petitioner was granted family pension at the rate of Rs. 1,275/- per month, with effect from 13.5.2002 as conveyed to her vide letter dated 10.2.2004 (Annexure P-12). Grievance of the petitioner, therefore, is that her husband having died on 27.9.1983, she became eligible for family pension from 28.9.1983 and granting the same with effect from 13.5.2002 was illegal.

(3.) In the written statement filed on behalf of the respondents, it is stated that the application dated 20.2.1984 made by the petitioner was with regard to seeking an appointment on compassionate ground and therein the petitioner did not make any claim for grant of family pension. It was further submitted that family pension has been granted from the date of application made by the petitioner, as per advice of the Chief Secretary to Government of Haryana, a copy of which was filed along with written statement as Annexure R-2.