LALLI DEVI Vs. HARYANA VIDYUT PRASARAN NIGAM

JUDGEMENT

(1.) The petitioner has invoked the writ jurisdiction of this Court claiming a writ of mandamus directing the respondents to release the invalid pension from 05.06.1992 till 04.01.2007 i.e. the date of death of husband of the petitioner and thereafter to grant family pension to the petitioner w.e.f. 05.01.2007.

(2.) Sh. Om Parkash, husband of the petitioner, met with an accident while working as Assistant Lineman with Haryana State Electricity Board now Haryana Vidyut Prasaran Nigam (hereinafter referred to as 'the Nigam') on 04.07.1991. He was declared 100% handicap with permanent disability by the Civil Surgeon, Narnaul. He was retired w.e.f. 04.06.1992 on the basis of an order passed on 25.01.1993. The said order reads as under :

(3.) The petitioner claims invalid pension in terms of Rule 5.11 of the Punjab Civil Service Rules as applicable to Haryana for the period, the deceased-husband of the petitioner was alive and family pension after his death for herself. In the written statement filed to the writ petition, it has been pointed out that the deceased husband of the petitioner has qualified service of 4 years 8 months and 29 days, which is less than 10 years of the service and thus the petitioner is not entitled to invalid pension.