High Court Punjab-Haryana High Court

Principal vs Smt. Raj Rani And Another on 22 January, 2009

Punjab-Haryana High Court
Principal vs Smt. Raj Rani And Another on 22 January, 2009
R.S.A. No. 2127 of 2007 (O&M)
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        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                        CHANDIGARH



                                         R.S.A. No. 2127 of 2007 (O&M)
                                         Date of decision: 22.1.2009



Principal, Industrial Training Institute, Yamuna Nagar and others
                                                            ....Appellants

                    Versus

Smt. Raj Rani and another
                                                           ....Respondents

CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA

Present: Mr. Madan Gupta, Sr. D.A.G., Haryana.

          Mr. Anil Kshetarpal, Advocate,
          for respondent No. 1.

                    *****

VINOD K. SHARMA, J (ORAL)

This regular second appeal by the State of Haryana is

directed against the judgment and decree dated 7.4.2007 passed by the

learned lower appellate Court decreeing the suit filed by the

plaintiff/respondent No. 1.

The plaintiff/respondent No. 1 brought a suit for declaration

and injunction claiming that she was entitled to service dues of Anil

Kumar her deceased son, who died during service.

The dispute was between Smt. Raj Rani i.e. widowed mother

of Anil Kumar and respondent No. 2 i.e widow of Anil Kumar.

The learned trial Court decreed the suit for half of the amount

by holding that mother was also required to be included as member of

family being class one heir and thus entitled to retiral benefits along with

respondent No. 2.

A Division Bench of this Court in the case of State of Punjab
R.S.A. No. 2127 of 2007 (O&M)
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and another Vs. Kharak Singh Kang and another, 1998(1) RSJ 412,

Single Bench of this Court in Lichhami Devi Vs. State of Haryana,

2001(3) RSJ 675 and Phool Pati Vs. Haryana State Electricity Board

(Operation) now re-designated as Dakshin Haryana Vidyut Parsarn

Nigam Limited, Hisar, 2002(2) PLR 727 has been pleased to lay down

the definition of the ‘family’ as given in rules to be ultra vires the

Constitution as widowed mother who is falling in “Class-1 heir” as per

schedule of succession could not be excluded from the family.

Two appeals were filed against the judgment and decree, one

by State of Haryana and other by respondent No. 1.

The State challenged the decree on the plea that the

judgment and decree passed is contrary to rules, whereas respondent

No. 1 challenged the judgment and decree by claiming full amount on

the plea that respondent No. 2 has remarried and, therefore, was not

entitled to any benefit.

The learned lower appellate Court has been pleased to

accept the appeal filed by respondent No. 1, whereas the appeal filed

by the State was ordered to be dismissed.

Learned Sr. D.A.G., Haryana, has raised the following

substantial question of law for decision by this Court: –

“Whether the learned Courts below were justified in
decreeing the suit by ignoring the rules governing the
service conditions of Anil Kumar?”

The substantial question of law raised does not arise as the

same stands settled by this Court in State of Punjab and another Vs.

Kharak Singh Kang and another, 1998(1) RSJ 412, Lichhami Devi

Vs. State of Haryana, 2001(3) RSJ 675 and Phool Pati Vs. Haryana

State Electricity Board (Operation) now re-designated as Dakshin

Haryana Vidyut Parsarn Nigam Limited, Hisar, 2002(2) PLR 727
R.S.A. No. 2127 of 2007 (O&M)
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holding that mother is also entitled to benefits and once respondent No.

2 has remarried, she could not be treated to be member of the family to

claim any amount.

Consequenlty, no fault can be found with judgment and

decree passed by the learned lower appellate Court.

No merit.

Dismissed.

(Vinod K. Sharma)
Judge
January 22, 2009
R.S.