Hemant Gupta, J. - (1.) THE challenge in the present writ petition is to the order dated 8.9.2006, Annexure P -6, whereby claim of the petitioner for family pension has been declined by respondent No. 3 on the ground that deceased husband of the petitioner has served the Corporation for less than one year after regularization of his services.
(2.) SHRI Azad Singh, husband of the petitioner was appointed on the post of Work charge Fitter on 11.3.1980. He was promoted as Work charge Assistant, Thermal Operator on 30.6.1980. The services of Azad Singh were regularized on the post of Apprentice Junior Engineer on 14.7.1986. As per the terms and conditions of regularization, the husband of the petitioner was to report on duty after getting himself examined by Chief Medical Officer -cum -Civil Surgeon, Panipat. The husband of the petitioner joined the duty on the post of Apprentice Junior Engineer after getting himself examined by the Civil Surgeon, Panipat. Azad Singh, husband of the petitioner died on 19.2.1987 when he was going to office. The petitioner was not granted family pension in terms of the Family Pension Scheme, 1964, applicable to the respondents. The claim of the petitioner for family pension was considered in pursuance of the legal notice served. The same was declined by the respondents vide order dated 8.9.2006 for the reasons that as per the Rule, the family pension is to be given to those employees who have completed one year regular service and that the Work charge service is not countable towards pensionary benefits.
(3.) LEARNED Counsel for the petitioner has challenged the aforesaid order, inter alia, on the ground that the Work charge service is to be counted for the pensionary benefits in terms of the Division Bench judgment of this Court passed in "Civil Writ Petition No. 18692 of 2005, titled as Ram Kali Devi v. Uttar Haryana Bijli Vitran Nigam Limited and Ors., decided on 15.9.2006". In the said case, in identical terms, the Division Bench of this Court found that the petitioner fulfills all the conditions of Family Pension Scheme, 1964. In the aforesaid case, Dalel Singh, husband of the petitioner Ram Kali Devi was appointed as a Work charge T -Mate on 14.7.1968. He was later on promoted as Work charge Assistant Lineman in February, 1979. His services were regularized on the post of Assistant 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. Dalel Singh joined his duty in February, 1979 after his medical examination. He died on 18.8.1979. The request of the petitioner for family pension was declined which led to filing of the writ petition which was allowed by this Court on 15.9.2006.;