CWP NO.2099 OF 1988 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: 19.11.2008 Smt.Maya Devi ..Petitioner Versus The State of Punjab and others ..Respondents CORUM HON’BLE MR.JUSTICE PERMOD KOHLI Present: None for the petitioner Mr.S.S.Sahu, AAG, Punjab PERMOD KOHLI,J. (ORAL) The grievance of the petitioner is that the petitioner has not been paid the family pension on the basis of the full salary of her late husband, Amar Nath who was serving as Clerk in the office of the Judicial Magistrate Ist Class, Sunam. The deceased employee was serving as a Clerk and was placed under suspension. He died on 10.3.1973 while under suspension. It is alleged that the deceased was drawing salary of Rs.382/- per month before his suspension. However, after his death, his family pension was calculated taking into consideration the emoluments at Rs.282 instead of Rs.382/-. The petitioner filed a petition seeking a direction that the respondents be directed to pay the death-cum-retirement gratuity and family pension taking into consideration the salary of the deceased at Rs.382/- per CWP NO.2099 OF 1988 2 month at the time of his death. In the reply filed by the respondents, it is stated that the deceased was not getting Rs.382/- per month as alleged. His basic pay plus dearness pay was Rs.192/- and Rs.90/-, respectively and this makes the total salary at Rs.282/-. Even the Accountant General had fixed the pensionary benefits on that basis. It is denied that the pensionary benefits and death-cum-retirement gratuity was fixed at half of the pay. There is specific averment that the full pay of the petitioner was taken into consideration. In this view of the matter, no relief can be granted. Dismissed. (PERMOD KOHLI) JUDGE 19.11.2008 MFK