IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.19339 of 2008 Date of Decision : October 05, 2010. Kulwant Kaur .....Petitioner versus Punjab State Electricity Board and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Nirmal Singh Kandhola, Advocate, for the petitioner. Mr.Pavit Singh Mattewal, Advocate, for respondent Nos.1to4. Mr.Vikram Bali, Advocate, for respondent No.5. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) The petitioner unfortunately lost her husband (Jumma Singh) who fatally injured due to an electric shock while performing his duties as an Assistant Lineman in the respondent-Board. The petitioner seeks a direction to the respondents for the grant of pension, Group Insurance, compensation and other retiral benefits admissible due to the death of her husband, as well as employment for her son under the 'Ex-Gratia scheme'. The main controversy pertains to the petitioner's claim for `family pension'. Learned counsel for respondent Nos.1 to 4 fairly states that subject to the petitioner's depositing the share money of the deceased- employee towards E.P.F. as per the Rules, the respondent-authorities C.W.P.No .19339 of 2008 2 would have no objection against the grant of family pension to her. Learned counsel for the petitioner, on instructions, states that the petitioner has no objection if the share of the deceased-employee towards E.P.F. is deducted from the arrears of the `family pension' to which the petitioner is entitled to from the date of death of her husband. In view of the afore-stated stand taken by learned counsel for the parties, it stands resolved that the `family pension' shall be admissible as soon as the amount of EPF falling to the share of the deceased- employee is deposited or adjusted from the arrears of the `family pension' payable to the petitioner w.e.f. the date of death of her husband. The needful shall be done within a period of three months from the date of receiving a certified copy of this order. The respondents are further directed to consider and release the due amount towards Group Insurance, compensation and other service benefits to which the deceased-employee was entitled to at par with the Rules, within the stipulated period. The petitioner shall also be entitled for the due interest @ 7% per annum on the said arrears till its realization. As regards the petitioner's prayer for appointment of her son on the compassionate grounds under the Ex-Gratia Policy, it is pointed out by learned counsel for respondent nos.1 to 4 that as per their latest policy decision, the respondents solatium is to be paid and no appointment on compassionate ground can be offered. Having regard to the attending circumstances especially the fact that the family appears to have no source of livelihood except the C.W.P.No .19339 of 2008 3 `family pension' which is yet to be granted, I am of the considered view that the policy decision relied upon by respondent Nos.1 to 4 deserves to be relaxed as a special case. Consequently, it is directed that the respondents shall consider the case of the petitioner's son sympathetically for his appointment on Class-IV post on compassionate grounds, within the stipulated period. Dasti. October 05, 2010 (SURYA KANT) Mohinder JUDGE