CWP No. 8654 of 2008 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.W.P No. 8654 of 2008 (O&M) Date of decision :January 14, 2009 Smt. Shakuntala ... Petitioner. Versus State of Haryana and others ... Respondent. *** CORAM : HON'BLE MR. JUSTICE AJAY TEWARI *** Present : Mr.Gunjan Mehta, Advocate for the petitioner. Mr.Ajay Kumar Gupta, Senior DAG, Haryana. *** 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 ? *** AJAY TEWARI, J This petition has been filed for claiming family pension. The husband of the petitioner joined the Haryana Roadways on contractual basis w.e.f. 19.2.2002. Subsequently his services were regularised w.e.f. 17.2. 2006. However, unfortunately he died on 7.1.2007. The only reason for denying the benefit of family pension was the decision of the Hon'ble Supreme Court in Uttar Haryana Bijli Vitran Nigam Ltd.& Ors. v. Surji Devi reported as 2008(1) SCT 657 wherein the Hon'ble Supreme Court held that only regular service is qualified for the grant of family pension. Learned counsel for the respondents argues that in the present CWP No. 8654 of 2008 2 case the regular service of one year was not there and, therefore, the petitioner was not entitled to family pension. In para 14 of the above quoted judgment the Hon'ble Supreme Court has held that the period during which an employee worked as a work charge employee could be taken into consideration only when his services are regularised and he becomes permanent and not otherwise. Keeping this statement of law in mind the services of the petitioner even prior to the regularisation could be counted. In the circumstances in my opinion the petitioner is entitled to family pension. The respondents are directed to release the same along with arrears within a period of three months from the date of receipt of a certified copy of this order. Accordingly the writ petition is allowed. January 14, 2009 ( AJAY TEWARI ) sunita JUDGE