AUGUSTINE GEORGE MASIH, J. - (1.) PETITIONER has approached this Court claiming benefit of family pension w.e.f. 13/14.06.2003 the date of death of his son Constable Ravinder Kumar and for grant of award amount of Rs.1 lac, which was announced by the Superintendent of Police, Gurgaon as the son of the petitioner was killed by antisocial elements while performing his duties.
(2.) COUNSEL for the petitioner contends that family pension has been granted to the petitioner w.e.f. 26.08.2004 whereas he is entitled to the said benefit with effect from the death of son of the petitioner i.e. 14.06.2003. His further contention is that since the petitioner's son died due to action on the part of antisocial elements while he was performing his duties, an award of Rs.1 lac was announced by the Superintendent of Police, Gurgaon, which announcement was reported in the newspaper. On this basis, he contends that the petitioner is entitled to the claim as made in the present writ petition. Reply to the writ petition has been filed wherein it has been submitted that prior to coming into force all the Punjab Civil Service, Vol.II (Haryana Second Amendment) Rules, 2004 w.e.f. 26.08.2004, the petitioner was not entitled to family pension. It has been contended that with the amendment in the said Rules definition of family as per the Family Pension Scheme, 1964 has been enlarged including the parents of an unmarried officer. Since the notification was published on 26.08.2004 and Rule 1-A specifically provided that the said amendment shall come into force with immediate effect, family pension has been granted to the petitioner w.e.f. 26.08.2004. He, accordingly, contends that the claim is thus without any basis. As regards the claim of award of Rs.1 lac as announced by the Superintendent of Police, Gurgaon, it has been stated that there is no such claim which can be granted under any instructions or rules. On this basis, it has been submitted that the present writ petition is devoid of any merit and deserves to be dismissed.
(3.) I have considered the submissions made by the counsel for the parties and with their assistance have gone through the record of the case.;