JUDGEMENT
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(1.)The only grievance of the petitioner in this writ petition is that in spite of the fact that her husband who was working as Accountant in the office of Block Development and Panchayat Officer, Nilokheri, died during service on 11.6.1979, she is not being paid the family pension and only a token family pension of Rs. 100/- is being paid without determining the pension only on the pretext that the service book of her late husband is not available.
(2.)In reply, respondents do not deny the entitlement of the petitioner to receive family pension, but they deny the assertion of the petitioner that only a token family pension of Rs. 100/- is being paid to her. According to them, the family pension was determined by the Accountant General, Haryana on the basis of emoluments last drawn by her late husband and she had been paid full pension for seven years with usual allowances. In view of this reply, the grievance of the petitioner that respondents have not paid family pension to her cannot be accepted. In reply to the other grievance of the petitioner that pension was enhanced from time to time but benefit of enhancement has not been paid to her, the respondents have stated that enhancement, if any, is to be settled and paid by the Accountant General, Haryana, and not by the answering respondents. At the time of filing the writ petition, the Accountant General, Haryana, was not made a party to it, but thereafter in filing of a Civil Misc. Application No. 1926 of 1993, the Accountant General, Haryana, was ordered to be impleaded as one of the respondents vide order dated 3.5.1993 of this Court. Accordingly, Accountant General, Haryana, was impleaded as respondent No. 4 to the writ petition. No one appears on behalf of Accountant General, Haryana. Therefore, the averment of the petitioner that benefit of revised pension is not being given to her stands unchallenged. Learned counsel for the State also does not dispute the entitlement of the petitioner to the benefit of revised pension in case there was such a revision.
(3.)Consequently, a direction is issued to the respondents including the Accountant General, Haryana, that they shall determine the revised pension in accordance with rules and regulations applicable to the petitioner. In case the petitioner is found entitled to the benefit of revised pension, the same shall be given to the petitioner within four months from today, along with interest at the rate of 12% p.a. from the date the petitioner is found entitled to the said benefit.
With the aforesaid direction, this writ petition stands disposed of. No costs.
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