SUDERSHAN KUMARI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This writ petition has been filed under Articles 226/227 of the Constitution of India for the issuance of direction to the respondents to grant Special Family Pension to the petitioner w.e.f. 17.01.1988 instead of 01.04.1996 to the petitioner along with arrears of Special Family Pension and interest @18% per annum.

(2.) It is submitted that the husband of the petitioner-late Sh. Sohan Singh Parmar, had been working as Senior Clerk with respondent No.3 when, on 17.01.1988, he was killed by terrorists. FIR in this regard was got recorded at Police Station Mahalpur District Hoshiarpur. The Government of Punjab vide its endorsement No.9/7/85-6(E)/899-901, dated 20.01.1987 (Annexure P-1) have decided to grant financial assistance to the families of the Government employees killed by the terrorist action in addition to special ex-gratia grants by way of special family pension equal to last pay drawn till the date of superannuation and thereafter normal family pension as admissible under normal rules. This circular/letter dated 20.01.1987 had been circulated to various offices including Registrar Co-operative Societies, Punjab Chandigarh on 20.01.1987. It carries clear stipulations that the benefit provided therein shall take effect from the date of issuance of the same, i.e.20.01.1987.

(3.) The husband of the petitioner was killed by the terrorist on 17.01.1988, therefore, the petitioner had applied for the grant of benefits as per Annexure P-1. Thereafter, petitioner was granted special family pension w.e.f 01.04.1996 but as per the circular the petitioner was entitled for special family pension from the date of the death of her husband i.e. from 17.01.1988 which was not granted. For the redressal of her grievance, the petitioner made representation dated 02.01.1997 (Annexure P-3) and served a legal notice dated 16.03.1997 (Annexure P-4) upon the respondents, but these have not been decided so far.