- (1.) The writ petition is at the instance of the widow of an employee, for a direction to release the family pensionary benefits, who was working as a Sweeper in the Municipal Committee, Panipat. The scheme for pension was brought through the Haryana Municipal Employees and General Provident Funds Rules, 1993 ('for short, 'the Rules, 1993'). The petitioner's claim was denied by the respondents on the ground that the petitioner's husband had not exercised the option for the grant of family pension under the Rules and hence the petitioner is not entitled to obtain the benefit.
(2.) The counsel for the Municipal Committee states that the petitioner was appointed under the Compassionate Appointment Scheme on the death of her husband and hence not entitled to family pension. In the manner of reckoning the petitioner's entitlement, unless the appointment itself excludes the payment of pension, the question of denial of the pensionary benefits does not arise. I have not been shown through any provision, which disentitles a compassionate appointee, who is the widow of an employee, to lose her right to pension on the death of the employee.
(3.) On the issue of whether there was a requirement of an express option, the counsel for the petitioner relies on Section 4 of the Rules, 1993, which reads as follows: "4. Exercise of option. - (1) the option under clause (ii) of rule 2 to opt for these rules shall be exercised in the form appended to these rules so as to reach the competent authority within a period of four months of the date of publication of these rules in the Official Gazette: Provided that - (a) where an employee is under suspension on that day, the option shall be exercised within a period of four months from the date of his return to duty; (b) in case of an employee, who dies without exercising his option, he shall be deemed to have opted for these rules. (2) xxx xxx xxx (3) xxx xxx xxx" In terms of the above section, it is clear that if an employee had died within a period of 4 months from the date of publication then, it should be taken that he had opted for the benefit of the rules. In this case, it is not in denial that the scheme was notified on 05.03.1993 and the petitioner's husband has expired on 11.04.1993, as brought out through the death certificate. He must be deemed to have exercised the option and consequently, the petitioner was entitled to the pensionary benefits as the widow of the employee. The respondents are, therefore, directed to release the pensionary benefits to the petitioner with interest @ 6% per annum from the date when it fell due.;