SAVITRI DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE substantial question of law that arises in the present appeal is "whether the appellant is entitled to receive the gratuity and family pension on account of death of her husband, Jag Ram who was a regular employee with the respondents but had not joined his duties on account of ill health" ?

(2.) THE plaintiff-appellant has filed the present appeal against the judgement and decree dated 16.3.1999, passed by Civil Judge (Jr. Division), Bhiwani and the judgment dated 9.9.1999, passed by District Judge, Bhiwani, whereby her suit for declaration for declaring her to be entitled to pensionary benefits of her husband Jag Ram (since deceased) was dismissed.

(3.) THE trial Court held that the plaintiff is entitled to receive the pension and gratuity of her deceased husband as Jag Ram was a regular employee of the Public Health Department. However, on the question, whether the suit was barred by limitation or not, it was held that as the suit has been filed nine years after the demise of Jag Ram, hence the suit was hopelessly time barred and consequently the trial Court dismissed as suit.