RITIKA Vs. STATE OF HARYANA

JUDGEMENT

(1.) In the present writ petition, the claim of the minor children is for the grant of benefits which they are entitled for under the Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2006 (for short 'Rules of 2006') as well as under the Family Pension Scheme, 1964 ('Scheme of 1964') in respect of the service rendered by their mother Smt. Neero Devi, who died while in service.

(2.) The facts as narrated above in the writ petition are that Smt. Neero Devi married to one Sh. Bijender son of Sh. Surat Singh. According to the petitioners, said marriage was dissolved by way of settlement in the panchayat and after the said settlement, Smt. Neero Devi solemnized marriage with Sh. Sandeep Singh. Both the petitioners were born out of the said wedlock of Smt. Neero Devi and Sh. Sandeep Singh. Petitioner No. 1 Ritika was born on 9/10/2010 and petitioner No. 2 Divyansh was born on 7/5/2013. Mother of the petitioners Smt. Neero Devi was recruited as a Lady Constable with the Haryana police on 16/4/2008 and she continued working as such till she died on 25/4/2014, leaving behind both the minor children, who are petitioners before this Court.

(3.) After the death of Smt. Neero Devi, Sh. Sandeep Singh, who claimed that Smt. Neero Devi married him, applied under the Rules of 2006 for the grant of benefits as well as the family pension under the Scheme of 1964. His claim was turned down by the competent authority on 16/3/2017 (Annexure P-3) on the ground that Smt. Neero Devi was married to Sh. Bijender son of Sh. Surat Singh and there was no divorce between them and therefore, the claim of Sh. Sandeep Singh, being widower of Smt. Neero Devi, is contrary to the settled principle of law and thus, he is not entitled for any benefit. Thereafter, a legal notice dtd. 14/8/2017 was served upon the respondents on behalf of Sh. Sandeep Singh as well as both the petitioners herein claiming the benefits under Rules of 2006 as well as under the Scheme of 1964 for the grant of benefit. The said claim was also rejected by the respondents, vide order dtd. 29/9/2017 (Annexure P-7) on the ground that Sh. Sandeep Singh cannot be treated as husband of Smt. Neero Devi as her earlier marriage was never dissolved by a decree of divorce by the Competent Court of Law.