MUKESH DEVI Vs. STATE OF HARYANA AND ORS

JUDGEMENT

(1.) By way of filing the present writ petition, the petitioner has prayed for issuance of a writ in the nature of Certiorari for quashing impugned order dated 11.3.2016 (P.4) passed by respondent No.2 whereby the entire family pension of husband of the petitioner namely Zile Singh has been awarded to respondent Nos.3 & 4 being unmarried daughters from his first wife (since deceased).

(2.) In the present case, this Court while issuing notice of motion on 07.4.2016 stayed the payment of pension to the extent of 50%. The claim of the petitioner qua family pension of her husband-late ASI Zile Singh has been considered and rejected vide order (P.4). It has come on record that said Zile Singh expired on 17.6.2012 and vide order dated 30.3.2015 (P.1) the petitioner-Mukesh Devi was granted Succession Certificate. It has also come on record vide Annexure P.4, Smt Chetna, second wife of late ASI Zile Singh was held entitled for complete pension being guardian of two remaining unmarried daughters till they reached the age of 25 years or till their marriage as per rule and thereafter family pension would have to be released in favour of the petitioner.

(3.) I have heard learned counsel for the parties and perused the record thoroughly.