GAGANDEEP KAUR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THE dual prayer in the instant petition is for quashing the impugned order dated 02.08.2011 (Annexure P -8), whereby the recovery of Rs. 33378/ - has been ordered from the petitioner and for issuance of directions to the respondents to pay minimum amount of Rs. 2700/ - as family pension to the petitioner.

(2.) IT is contended that Sat Pal Singh, husband of the petitioner joined as Elementary Training Teacher (for short 'ETT') on 01.07.2006. Unfortunately, he suffered a road accident and died on 29.08.2006. The learned counsel lays his claim on the basis of Rule 13 of the Punjab Panchayati Raj Primary Teachers (Recruitment and Conditions of Service) Rules, 2006 pertaining to the Contributory Provident Fund and Rule 6 of the Punjab Civil Services (Revised Pay) Rules, 1998 pertaining to Ex -gratia grant and states that the petitioner had became entitled for family pension and death cum retirement gratuity under the para 2.1, 4.1, 5.2 and 6 of the recommendations of the 4th Punjab Pay Commission as accepted by the Govt., of Punjab with Rule 2.7 of the Punjab Civil Service Rules, Vol.II. The service rendered by the husband of the petitioner was less than one year, therefore, the petitioner and the mother of the deceased husband of the petitioner were entitled to equal share in the total amount of death cum retirement gratuity.

(3.) ON the other hand, the learned counsel for respondent No. 4 states that the petitioner joined the service of the respondents as ETT on 01.07.2006. He refers to the notification dated 25.05.2006 of the Govt., of Punjab (Annexure P -3/A) and states that as per the notification, the petitioner is not entitled to the relief claimed by her. The notification came into force much prior to the joining of the petitioner in service.