IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P No.18959 of 2009 (O&M) Date of Decision:30.9.2011 Savita .... Petitioner Versus Dakshin Haryana Bijli Vitran Nigam Ltd. and others .... Respondents And C.W.P No.1340 of 2011 Date of Decision:30.9.2011 Dhanwanti Devi .... Petitioner Versus Dakshin Haryana Bijli Vitran Nigam Ltd. and others .... Respondents CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Ms. Alka Chatrath, Advocate for the petitioner in CWP No.18959 of 2009. Mr. Sajjan Singh Malik, Advocate for the petitioner in CWP No.1340 of 2011. Mr. Mohnish Sharma, Advocate for the respondents. **** 1.Whether Reporters of Local Newspapers 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? NIRMALJIT KAUR, J. (Oral) By this common order, C.W.P No.18959 of 2009 and CWP No.1340 of 2011 are being decided together as the controversy involved in both the cases is identical. Through the present writ petitions, the petitioners herein are praying for grant of ex-gratia financial assistance in lieu of ex- gratia employment under the Haryana Compassionate Assistance to the dependents of deceased Govt. Employees Rules, 2006. C.W.P No.18959 of 2009 (O&M) -2- The facts are being taken from CWP No.18959 of 2009. It is contended that after various communication to the department, the department finally issued Annexure P-10 dated 26.11.2008 intimating that in case of death, while in service, a Govt. employee should complete a minimum period of one year of continuous service without break and since the deceased employee had not completed one year, the petitioners who are the family members, accordingly, were found ineligible. However, the said issue stands settled by the judgment passed by this Court in CWP No.10208 of 1995 decided on 13.3.1996 titled Savitri Devi v. State of Haryana and others which reads as under: “Therefore, the main ground for denial of the grant of family pension is that the deceased employee had not completed one year qualifying service. This aspect, as already noticed above, has been duly considered by the Division Bench in Smt. Savitri Devi's case. Therefore, in view of the above facts and circumstances, the writ petition is allowed and the respondents are directed to finalise the family pension case of the deceased- husband of the petitioner and to make payment of arrears of family pension to the petitioner with interest @ 9% p.a. No costs.” Thus, the only objection raised by the respondents while filing their reply in C.W.P No.18959 of 2009 is that the case of the petitioner is not covered under the Rules, 2006 as the husband of the petitioner died on 19.1.2008 and that as per Finance Department, C.W.P No.18959 of 2009 (O&M) -3- Haryana notification No.1.1.2004-I Pension, dated 28.10.2005 vide which Government of Haryana has adopted the New Defined Contributory Pension Scheme, the employees recruited on or after 1.1.2006 are covered under this New Scheme and therefore the Family Pension Scheme, 1964 is not applicable to those employees who are appointed on or after 1.1.2006 and they are also not entitled for monthly financial assistance as per Haryana Govt. Notification dated 1.8.2006. Meanwhile, Affidavit of Shri Daljeet Singh, Deputy General Manager, Operation Division, DHBVNL, Sohna, District Gurgaon along with relevant document R-3/7 has been filed clarifying that even the employee who entered into Govt. service on or after 1.1.2006 and in the event of their death during the service, would be eligible for monthly financial assistance in view of the Finance Department Notification dated 28.10.2005. It is further made clear in the said affidavit that so far as the monthly financial assistance to the family of deceased is concerned, it is also admissible to the dependents of deceased employees covered under the New Pension Scheme on similar lines as are for the employees covered by CSR Volume-II with further clarification that so far as the matter regarding Family Pension is concerned, in rule 5(2) it is clearly mentioned that the family shall be eligible to receive family pension as per the normal rules after completing of the period during which he receives financial assistance. The New Pension Scheme is applicable to even those employees who have entered into govt. service on or after 1.1.2006. In view of the above clarification forwarded vide affidavit dated 28.9.2011, the present petitions are allowed with a direction to C.W.P No.18959 of 2009 (O&M) -4- the respondents to grant monthly financial assistance as per 2006 Policy within a period of 2 months from the date of receipt of this order. A copy of this order be placed in the connected case. 30.9.2011 ( NIRMALJIT KAUR ) rajeev JUDGE