KAMLA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner who is a widow of late Shri Rajinder Singh - Ex-Constable, seeks quashing of the order dated 19.06.2015 (Annexure P-5), whereby the family pension has been denied to her on the ground that the same was payable to the wife of the deceased retiree till the date of re-marriage or death of the wife whichever is earlier, as per the rules.

(2.) It has also been mentioned that the daughter Smt. Kavita had got married on 14.01.1998 and no family pension was payable to the family of the deceased as per rules. It is the case of the petitioner that her husband was a constable with the Police Department and had served w.e.f. 02.11.1970 till 18.04.1980. He had expired while on duty and left behind one minor daughter, namely, Kavita. The petitioner was granted family pension vide PPO No.3413 F/HR dated 19.04.1980 and at that time she was around 30 years. She had re-married with the younger brother of the deceased husband, namely, Dilbagh Singh and accordingly the family pension had been stopped. The petitioner had served the legal notice dated 19.05.2015 (Annexure P-4) on the strength of a Division Bench judgment passed in ' Kiran Kumar v. State of Haryana and others' 2004(1) S.C.T. 650 : 2003 (4) RSJ 283, which led to the passing of the impugned order dated 19.06.2015 (Annexure P-5).

(3.) The defence of the State in its written statement is that revised pension was being paid @ Rs. 225 per month w.e.f. 19.04.1980 to 18.04.1987. The petitioner had got re-married on 20.04.1983. A request had been made to disburse the family pension to the daughter of the deceased employee through her legal guardian upto the age of 24 years or her marriage, who had got married on 14.01.1998. On 07.10.1983 (Annexure P-1), the Superintendent of Police had informed the mother of the deceased employee that the wife of the deceased had got re-married and under Civil Service Rules Volume-II only the wife could be granted the pension, but in view of Rule 6.16 D (3) no pension was payable under this rule to a widow women member of an officer's family in the event of her re-marriage. Resultantly, the pension payment order had been returned on 20.05.1998, after making family pension upto 13.01.1998. Resultantly, the State relied upon the said rule to the extent that no pension was payable to the widow women member of an officer family, in the event of re-marriage.