- (1.) The petitioner has invoked the writ jurisdiction of this Court claiming a writ of mandamus directing the respondents to release the invalid pension from 05.06.1992 till 04.01.2007 i.e. the date of death of husband of the petitioner and thereafter to grant family pension to the petitioner w.e.f. 05.01.2007.
(2.) Sh. Om Parkash, husband of the petitioner, met with an accident while working as Assistant Lineman with Haryana State Electricity Board now Haryana Vidyut Prasaran Nigam (hereinafter referred to as 'the Nigam') on 04.07.1991. He was declared 100% handicap with permanent disability by the Civil Surgeon, Narnaul. He was retired w.e.f. 04.06.1992 on the basis of an order passed on 25.01.1993. The said order reads as under : "Sh.Om Parkash ALM s/o Sh.Rati Ram attached with the SSE 132 KV S/Stn, M/garh while performing his duty on Kanina Bhojawas telephone line met with non fatal accident on 4.7.91. He was got admitted in the Civil Hospital M/garh from where he was discharged on 18.7.91 at his own request from Medical Hospital Rohtak & then he remained under treatment of Dr.Arjun Singh RMP M/garh w.e.f. 18.7.91 to 5.8.91 and after that he remained admitted in Sir Ganga Ram Hospital, New Delhi w.e.f. 6.8.91 to 23.8.91 and was advised to get check up after six weeks by that Hospital and on his request dated 28.4.92 he was sent to CMO Narnaul vide this office memo No.Ch-19/PF-757 dated 27.5.92 from medical check up. It has been established by Civil Surgeon, Narnaul vide his memo No.15/1 ME Steno 92/69 dated 4.6.92 as per report that he is an old case of compression fracture D-9 vertebra with complete Paraplegia. He was also operated upon in Gange Ram Hospital, Delhi but no recovery. At present he is 100% handicapped and the disability is permanent. Thus, he is retired from Boards service w.e.f. 4.6.92 the date of issue of Medical Certificate on valid pension under rule 5.11 of CSR Vol-II read with CE 'OP' HSEB, Chandigarh letter No.138/Accident Cell/KKL-137 dated 5.1.1982.
(3.) The petitioner claims invalid pension in terms of Rule 5.11 of the Punjab Civil Service Rules as applicable to Haryana for the period, the deceased-husband of the petitioner was alive and family pension after his death for herself. In the written statement filed to the writ petition, it has been pointed out that the deceased husband of the petitioner has qualified service of 4 years 8 months and 29 days, which is less than 10 years of the service and thus the petitioner is not entitled to invalid pension.;