Civil Writ Petition No.164 of 2009 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Writ Petition No.164 of 2009
Decided on : 07-10-2009
Lt. Col. Ajay Malik & others
.... Petitioners
VERSUS
State of Haryana & others
.... Respondents
CORAM:- HON’BLE MR. JUSTICE SATISH KUMAR MITTAL.
Present:- Mr. R.K. Malik, Senior Advocate, with
Mr. Ashish Chaudhary, Advocate,
for the petitioners.
Mr. Ajay Kumar Gupta, Addl. A.G., Haryana,
for the respondents.
SATISH KUMAR MITTAL, J (Oral).
The petitioners, who are parents and brothers of Mrs.
Anita Malik (the deceased employee), who was working as
Lecturer in M.L.R. Sarawati college of Education, Charkhi Dadri,
Distt. Bhiwani, have filed the instant petition for issuing direction to
the respondents to release the family pension to them on account
of death of the deceased employee.
During the course of arguments on 27.5.2009, an
objection has been taken by the respondents that the deceased
employee was married, therefore, neither her brother nor her
parents are entitled for family pension.
Civil Writ Petition No.164 of 2009 -2-
On 27.5.2009, the counsel for the petitioners sought
adjournment to file an affidavit to the effect whether the deceased
employee was married or unmarried.
Learned counsel for the petitioners has very fairly
stated that the deceased employee was married, though, she was
not living with her husband. But she was also not divorcee.
Learned counsel for the respondents has stated that in
view of these facts, the petitioners are not entitled for family
pension under the Rules. Learned counsel for the petitioners could
not controvert the objection raised by the counsel for the
respondents.
In view of above, this petition is dismissed.
7th October, 2009. (SATISH KUMAR MITTAL)
Monika JUDGE