TARA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioners husband late Sh. Lachhman Singh was appointed as Mechanic Grade -II in the respondent No.2 Department with effect from 26.2.1966. He was confirmed as Mechanic Grade -II on 29.11.1977. In sequel to memorandum issued by the State Government dated 6.12.1977, administrative control of the Agriculture Workshop, Bhangrotu came under the control of respondent No.3 Corporation. Petitioner was absorbed in respondent No.3 corporation. He opted for GPF instead of CPF. He died on 5.10.1985. Petitioner made representation for the release of family pension. Respondent No.2 entered into correspondence with Senior Deputy Accountant General (A&E) on 3.12.1987. However, case of the petitioner was rejected on 17.3.1988. Thereafter respondent No.1 directed respondent No.2 to look into the matter on 26.9.1988. Respondent No.2 also entered into correspondence with respondent No.3. Petitioner made representations on 5.12.1992, 30.5.1994, 12.7.1994, 6.9.1994, 29.9.1994 and 14.2.1995. The matter was discussed by respondent No.1 with respondent No.2 and by respondent No.2 with respondent No.3. However, the fact of the matter is that petitioner was not granted any family pension. She made another round of representations on 2.5.1995, 1.6.1995, 25.8.1995, 26.101995, 24.11.1995, 9.1.1996, 20.1.1996, 1.3.1996, 27.3.1996 and 21.6.1996. Case of the petitioner was rejected by respondent No.2 on 1.7.1996. However, she was paid gratuity of Rs. 13,862/ - on 21.3.1989.

(2.) MR . R.L. Kaith has placed on record copy of P.P.O. dated 6.7.2009 whereby petitioner has now been granted family pension of Rs. 200/ - per month.

(3.) MR . P.M. Negi, learned Deputy Advocate General has vehemently argued that petitioner is not entitled to any interest on the delayed payment of family pension.