- (1.) It has become fashion of the day for the respondent State to force the litigant to approach the Court in every case without caring to examine the controversy which has been settled by the judicial pronouncements. It poses a question for the respondents to answer as to whether the principles of law in similar facts are to be every time reiterated by the Court or such principles should serve the respondent State as guidelines for deciding the issues raised before it. The present case presents the same predicament as is experienced day in and day out. The petitioner who is a widow of an employee of the respondents has filed the instant petition under Article 226 of the Constitution with a prayer for quashing order dated 24.12.2003 (P-4) declining her claim for grant of family pension. It has further been prayed that direction be issued to the respondents to reckon the service rendered by her husband from 1.10.1964 to 1.4.1972 as qualifying service for the grant of family pension, as has been settled by a Division Bench of this Court in the case of Rati Ram v. State of Haryana, 1995 4 SCT 491 ) (C.W.P. No. 4857 of 1994, decided on 24.4.1995).
(2.) The undisputed facts are that the husband of the petitioner was appointed as Panchayat Secretary at Hisar Block-I with effect from 1.10.1964. He was put under the control of Gram Panchayat initially. However, after the amendment of Panchayat Act in 1971 he was treated as an employee of the Panchayat Samiti and was placed under its control. The nomenclature of the post held by him was also changed and it came to be designated as Gram Sachi v. A decision was taken to absorb the then existing Gram Sachivs' in the Government service and accordingly the candidature of the husband of the petitioner was considered by a Committee constituted for that purpose. On the recommendation made by the Committee the husband of the petitioner was posted as Gram Sachiv under the Government with effect from 1.4.1972. After about four months he unfortunately died on 24.7.1972.
(3.) The respondent State has been issuing instructions from time to time for grant of pensionary benefits to those employees who have been working in the erstwhile Zila Parishads/Panchayat Samities. A set of instructions dated 22.11.1991 was also issued, which has been placed on record as Annexure P-1. According to the instructions, the Government has granted benefits of previous service rendered in Zila Parishads/Panchayat Samities to its employees towards pension/family pension/gratuity from their date of appointment in the erstwhile District Boards/Zila Parishads/Panchayat Samities wherever such employee was later absorbed in the Government service.;