DHANPATI DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The Petitioner through instant petition filed under Articles 226/227 is seeking setting aside of order dtd. 9/12/2003 whereby respondents declined her claim of family pension.

(2.) Son of petitioner joined Commando Wing of Haryana Police on 4/6/2003. While he was deputed for Basic Training at HAP, Madhuban he felt acute abdominal pain and was referred from Primary Health Centre, Madhuban to Civil Hospital, Karnal and later to PGI, Rohtak where he got expired on 17/8/2003. He rendered total service of 2 months and 14 days with respondent department. The petitioner is asking for family pension.

(3.) Learned state counsel submits that as per Clause 3 (d) (II) of Ex-gratia Rules, 2003, petitioner is not entitled to family pension because it specifically provides that dependents of the deceased employee cannot be considered for appointment as well as for the grant of 2.5 lacs as CFA if deceased had served the Govt. department for less than three years. Further, during the relevant period, there was no provision for pension to mother of an unmarried employee.