M.M. Kumar, J. - (1.) Smt. Ram Kali Devi widow of late Shri Dalel Singh has filed the instant petition under Article 226 of the Constitution claiming the benefit of family pension from the date of death of her husband and release of ex-gratia grant, gratuity and leave encashment. A further prayer has been made for issuance of a direction for payment of arrears of family pension, ex gratia grant, gratuity and leave encashment with 18 percent interest. Dalel Singh, husband of the petitioner was appointed as a work charge T. Mate on 14.7.1968. He was lateron promoted as Work charge Asstt. Lineman. In February, 1979, his services were regularised on the post of Asstt. Lineman subject to certain terms and conditions. He was asked to report on duty after getting himself examined by the Chief Medical Officer/Civil Surgeon, Sonepat which as per the statement made by the learned counsel for the respondent in the Court is available on record. He joined his duty as regular Asstt. Lineman in February, 1979 after his medical examination. However, unfortunately he died on 18.8.1979. The petitioner submitted a representation along with a copy of the judgement in the case of Sharmila Devi v. U.H.V.N. and others (Civil Writ Petition No. 6837 of 2001) and requested the respondents for release of all the benefits. On 14.6.2005 she served advance notice through her counsel and requested the respondents for the release of her pensionary benefits. Despite her personal visits to the office of the respondents the claim made by the petitioner was not accepted and it was disclosed to her orally that her claim was not to be accepted because her husband had served the department as a regular employee for a short period from February, 1979 to 18.8.1979 which is less than one year after regularisation of his services.
(2.) The claim of the petitioner has been opposed by placing reliance on Clause 4 of the Family Pension Scheme 1964 and it was pointed out that the rule required minimum period of one year of continuous service without break which the husband of the petitioner did not fulfil. It was also submitted at one stage that husband of the petitioner did not undergo medical check and therefore the petitioner cannot claim family pension and other benefits. On 8.9.2006, we had adjourned the proceedings in order to enable the counsel for the respondent to produce the record substantiating the plea of lack of medical examination. He has stated before us that medical certificate showing that he has undergone medical fitness test before the Civil Surgeon, Karnal is on the record.
(3.) Having heard the learned counsel for the parties, we are of the considered view that the instant petition deserves to be allowed as the petitioner fulfils all the necessary requirements of Family Pension Scheme 1964 as incorporated in Punjab Civil Services Rules, Volume II. It would be appropriate to make a reference to clause 4 of the Scheme which reads as under: "4. This scheme is administered as below: The family pension is admissible in case of death while in service or after retirement on or after the 1st July, 1964, if at the time of death, the retired officer was in receipt of a compensation, invalid, retiring or superannuation pension. The Family Pension will not be admissible in case of death after retirement if the retired employee at the time of death was in receipt of the gratuity only. In case of death while in service a Government employee should have completed a minimum period of one year of continuous service without break. Note-1: The term one year continuous service used in para 4(i) above is inclusive of permanent/temporary service in a pensionable establishment but does not include periods of extraordinary leaves, boy service and suspension period unless that is regularised by the competent authority or before completion of one year continuous service provided the deceased Government employee concerned immediately prior to his recruitment to the service or post was examined by the appropriate Medical Authority and declared fit by that authority for Government service.";