OM PATI Vs. HARYANA VIDYUT PARSARAN NIGAM LTD

JUDGEMENT

(1.) The petitioner has invoked the extra-ordinary writ jurisdiction of this Court claiming a writ of mandamus directing the respondents to grant family pension to the petitioner after regularising and counting the work charged service rendered by the husband of the petitioner.

(2.) Late Kapoor Singh, husband of the petitioner joined as an Assistant Lineman on work charge basis on 1.5.1971. He was promoted as work-charge T- mate and later on Assistant Pump Driver. The husband of the petitioner died on 20.1.1997, but no order of regularising his service was passed. It is pointed out that in January, 1997, an option was sought from the husband of the petitioner to regularise his service, but before he could respond to such offer he died on 20.1.1997 and, therefore, it is contended that services of the deceased-husband of the petitioner are liable to be regularised and once regularised, the petitioner is entitled to family pension.

(3.) In reply, it has been pointed out that circulars dated 6.8.1993 and 9.8.1994 were issued so as to invite options for regularisation, but the petitioner's husband has not exercised option and deposited/surrendered the Employees' Provident Fund amount with interest. Therefore, the services of the husband of the petitioner cannot be deemed to be regularised. It is also pointed out that EPF amount of Rs. 80,838/- has already been paid to the petitioner apart from the other dues.