RAMA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall also dispose of connected CWP No. 1858 of 2004, as in both the petitions, only common questions of law, based on identical facts, are impugned. In the CWP No. 8401 of 2003, widow of a deceased employee has prayed for (i) writ of Certiorari quashing the impugned order dated 28.5.2002 (Annexure P/3) denying her claim for grant of family pension and (ii) writ of Mandamus directing the respondents to release gratuity and family pension with interest at the rate of 18% from the date of her husband's death (w.e.f 13.12.1977).

(2.) Briefly narrated the facts of the case are that petitioner's husband Karan Singh Rawat joined the Education Department, Haryana, as J.B.T. Teacher on temporary basis on 2.3.1973 in Government Middle School (Village Kondal) Faridabad. He died in harness on 13.12.1977 while serving as J.B.T. Teacher in Government Middle School (Village Sangala, Tehsil Nuh) District Gurgaon. The petitioner being the legal heir of her deceased husband requested the District Primary Education Officer, Gurgaon (respondent No. 3) to release family pension and other benefits accruing to her in terms of relevant rules but the same yielded no results.

(3.) Accordingly, the petitioner served a legal notice dated 10.10.2001 (Annexure P/2) through her counsel for grant of family pension, but it also yielded no result. Hence the petitioner was constrained to file Civil Writ Petition No. 3705 of 2002, which was disposed of by a direction to the respondents to decide the legal notice within a period of three months.