DAYA CHAUDHARY, J. - (1.) THE issue in the present case is as to whether the petitioner, who is mother of the deceased government employee, can be excluded from the definition of 'family' and denied benefits of family pension.
(2.) THE present petitioner is the mother of deceased -Virender Singh, who has filed this petition for issuance of a writ in the nature of certiorari, for quashing of letter dated 22.12.2009 issued by respondent No.1. Briefly, the facts of the case are that the son of the petitioner was working as Process Server in the Court of District and Sessions Judge, Fatehabad. He was survived by his mother, the present petitioner, and respondent No.3 -Sandeep, minor son. Respondent no.4 -Babita got divorce from son of the petitioner. Vide letter dated 12.01.2010, it was intimated by District and Sessions Judge, Fatehabad to respondent No.4 - Babita that the financial assistance has been allowed in favour of minor son -Sandeep with specific stipulation that 75% of the monthly assistance is to be deposited in fixed deposit in the name of minor in some nationalized bank till he attains the age of majority and remaining 25% was to be disbursed to respondent No.4 -Babita on behalf of minor son, being natural guardian for the purpose of his up keeping and education. A copy of said letter was endorsed to the present petitioner.
(3.) A representation was made by the petitioner on 01.01.2010 for release of after death benefits including family pension to her being mother of the deceased but no action was taken thereupon.;