LAWS(P&H)-2015-3-385

JASWANT KUMAR Vs. STATE OF HARYANA AND ORS.

Decided On March 25, 2015
Jaswant Kumar Appellant
V/S
State Of Haryana And Ors. Respondents

JUDGEMENT

(1.) Petitioner Jaswant Kaur is mother of late Constable Tanjit Singh, who was working in Haryana Police. He was appointed on the said post on 19.06.2003. He died on 06.04.2006. He was unmarried. After his death, the petitioner applied for family pension under Punjab Civil Services (Second amendment) Rules, 2004 (hereinafter for short 'the Rules of 2004') as well as for lumpsum ex-gratia grant under Haryana Compassionate Assistance to Dependents of Deceased Government Employees Rules, 2005 (hereinafter for short 'the Rules of 2005'). Both the benefits were denied to her, which she has challenged, in the present petition. We have heard the Learned counsel for the parties and have gone through the record of the case.

(2.) As far as the claim with regard to family pension is concerned, in the written statement, a stand has been taken that the petitioner is not eligible to the said benefit being mother of the deceased, because her family income exceeds Rs. 2550/- In this context, relevant provisions of Rules of 2004 are as under:-

(3.) On the previous date, after hearing the Learned counsel for the parties, the case was adjourned with a direction to the petitioner to file an affidavit that on the date of death of her son, her family income including that of her husband was less than Rs. 2550/-.