NIRMALA DEVI Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The relevant facts, which are borne out from the record of the case and which have emerged from the arguments raised at the bar are that the petitioner's late husband Om Parkash, at the time of his death, was serving in the Department of Law and Legislature, Haryana as Deputy Legislative Officer (Hindi). On 22.06.1986, his first wife namely Bimla Devi expired leaving behind two minor children - Mahesh Kumar and Veena Kumari. Soon after the death of his first wife, on 07.04.1987, the petitioner married Bimla Devi's sister Nirmala Devi - the petitioner. On 09.12.1998, Om Parkash died and on his death, 50% of the family pension was granted to the petitioner and the remaining 50% to Mahesh Kumar. On Mahesh Kumar, having joined Government service, his share of family pension was then allocated to his sister Veena Kumari. Veena Kumari got married on 30.01.2006. Thereafter, the petitioner, being the only surviving widow of late Om Parkash, on 31.05.2006, moved a representation to the respondents for transfer of Veena Kumari's share also in her favour, which was rejected through order dated 01.06.2011, giving her a cause to approach this Court through the present petition.

(2.) Learned counsel for the parties are ad idem that the case of the petitioner is fully covered in her favour by a Division Bench judgment of this Court in Ram Dulari v/s. State of Haryana and others -, 2010 (1) SLR 403, wherein it has been held as under: - -

(3.) As per the above quoted judgment, the only surviving widow, on the acquiring of ineligibility of the children of the first wife, is entitled to 100% of the family pension, as is the position in the present case.