SAVITRI DEVI Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The facts of the case He in a very narrow compass. The husband of the petitioner Sube Singh died on March 4, 1981 after serving the Transport Department as a Conductor for less than a year. The dependents including the petitioner who is a widow were not granted family pension compelling them to file Civil Writ Petition No. 4705 of 1991 which was disposed of by a Division Bench of this Court on July 22,1991. The order reads as under:-

(2.) In pursuance of the aforementioned order, the State Transport Commissioner passed the impugned order, Annexure Rl, refusing to grant family pension on the ground that the employee rendered service for less than one year. According to the State Transport Commissioner, the dependents were not entitled to the grant of family pension on account of non-completion of a minimum period of one year of continuous service by the husband of the petitioner. The unfortunate lady, that is, the petitioner having lost all hopes for getting family pension has again knocked at the door of this Court by way of present petition.

(3.) The learned counsel for the petitioner has argued that it was not at all necessary for the deceased to complete one year Of continuous service for the grant of family pension. He has further argued that the Family Pension Scheme, 1964 clearly lays down that if an employee was medically fit at the time of entry into Government Service and dies within less than one year; his dependents would be entitled to the grant of family pension.