SANTOSH DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dtd. 1/12/2014 whereby her representation to grant family pension was rejected. She is further seeking direction to respondents to grant her family pension in accordance with New Pension Scheme.

(2.) The petitioner's son was recruited as Constable in India Reserve Battalion, 4th Battalion, Manesar on 26/8/2011. Unfortunately, he died in a road accident on 20/9/2014. He was unmarried. The petitioner claimed family pension. Her case was recommended to Director General of Police, Haryana, however, came to be rejected vide order dtd. 1/12/2014 on the sole ground that her income was more than 3,500/- per month, hence, she was not entitled to family pension under the Family Pension Scheme, 1964 (for short '1964 Scheme'). Her son joined on 26/8/2011 and was governed by New Pension Scheme.

(3.) Learned counsel for the petitioner submits that respondent has wrongly applied income criteria of 3,500/- per month. The Government vide letter dtd. 16/1/2009 has clarified that income criteria for grant of financial assistance to dependent of deceased government employee is not applicable. The respondent in view of aforesaid clarification could not apply income criteria.