GHOGHDI Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner is mother of Satyawan Singh who was working as a Lecturer of English in the Senior Secondary School, Bhjatla, Tehsil Hansi District Hisar. He died in harness on 1.12.2010 and left behind a widow, namely, Mrs.Poonam. In terms of the policy of the government issued vide notification dated 1.8.2006 (Annexure P6), the widow of the deceased Satyawan Singh was granted monthly ex-gratia assistance by the government in the form of full pay last drawn by the deceased from 1.12.2010 to 30.4.2012. It comes out that after about two years, the widow of the deceased got re-married and thereafter, the government stopped payment of monthly ex-gratia assistance.

(2.) Petitioner claims that after the stopping of payment of financial assistance to widow she is entitled to monthly ex-gratia assistance under Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2006 (in short, '2006 Rules') as she is fully dependent on his deceased son. She claims that she is 66 years old. Despite repeated requests, the government has not extended monthly financial assistance to her.

(3.) The State in the reply has opposed the prayer and stated that as per the Family Pension Scheme, 1964 and the notification dated 17.4.2009 for the purpose of grant of family pension and other pensionary benefits the word 'family' is categorised. Widow falls in category I(a) and parents falls in category II(d) and they are entitled to financial assistance if they are dependent upon the government servant provided the deceased employee had not left behind a widow or a child. It is stated that the petitioner is not covered in the said definition. The financial assistance was granted to the widow of the deceased and it continued till his widow re-married. Therefore, now it cannot be extended to her mother.