KAILASI DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petitioner Kailasi Devi is the widow of late Sh. Heeru Ram. Heerau Ram was initially engaged on 01.01.1984 as daily waged Beldar in the respondent -Department. He worked as such w.e.f. 01.01.1984 till 31.12.1993, thereafter given Work Charged status on 31.1.1995 w.e. f. 1.1.1994. He was boarded out on medical grounds as the Medical Board declared him completely and permanently incapacitated for further service of any kind in the respondent - Department. Thus, on the recommendations of the Medical Board, Zonal Hospital, Mandi, he was retired w.e.f. 31.01.2002 (A.N.), but was not accorded invalid pension and ultimately died on 23rd January, 2004. Despite the various communications made by the petitioner his widow, the respondents neither released the invalid pension of her husband nor granted family pension to her. Hence, the present petition.

(2.) THE respondents vide their reply took the stand that Heerau Ram was retired because of invalidation w.e.f. 31.01.2002 after rendering 8 years and one month regular service, which is less than 10 years. Hence, as per Rules 38 and 49 of the C.C.S. (Pension) Rules, 1972, neither he nor his widow -petitioner is entitled for any pension.

(3.) RULE 38 of the C.C.S. (Pension) Rules, 1972, in short "the pension rules", reads as under: - 38. Invalid pension