LPA No.1210 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA, CHANDIGARH. LPA No. 1210 of 2009 in CWP No. 7941 of 2002 Date of decision: 10.11.2009 Smt.Dalip Kaur ....Appellant vs. State of Punjab and others ....Respondents CORAM: HON'BLE MR.JUSTICE J.S.KHEHAR. HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR --- Present: Mr.Hardial Singh Baath, Advocate, for the appellant. . -- J.S.KHEHAR,J. (Oral) Through the instant Letters Patent Appeal the appellant has impugned the order passed by this Court dated 14.7.2009 vide which CWP No.7941 of 2002 was disposed of. The solitary issue which came up for consideration before the learned Single was, whether or not the mother of an employee who dies in harness is entitled to family pension. In so far as the instant issue is concerned, the learned Single Judge referred to the Family Pension Scheme, 1996, to arrive at the conclusion that the same became applicable with effect from 1.1.1996, whereas, the son of the appellant,namely, Dr.Gurdip Singh died on 30.11.1994 i.e., well before the scheme came to be implemented in the State of Punjab. In recording this conclusion, the learned Single Judge relied on a judgment in State Punjab and another v. Devinder Kaur (1991)9 SCC 12. It is therefore that the appellant was held to LPA No.1210 of 2009 2 be not entitled to family pension. During the course of hearing, learned counsel for the appellant could not invite this Court's attention to any statutory rule or instructions under which the appellant could be held to be entitled to family pension consequent upon the death of her son Dr.Gurdip Singh who died in harness on 30.11.1994. It is therefore, we find no merit in the instant appeal, and the same is accordingly dismissed. In view of the fact that the instant Letters Appeal itself has been found to be devoid of any merit, it is not necessary for us to pass any formal orders on the civil miscellaneous applications filed by the appellant. Dismissed. ( J.S.Khehar) Judge (Mehinder Singh Sullar) Judge November 10, 2009 rk