IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.809 of 2009 (O&M) Date of decision: 1.9.2009 State of Haryana and another. -----Appellants Vs. Smt. Shakuntala. -----Respondent CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. Rameshwar Malik, Addl.A.G., Haryana. for the appellants. ----- ORDER: 1. The State has preferred this appeal against judgment of learned Single Judge, directing release of family pension to the respondent. 2. Respondent is widow of deceased Sanjiv Kumar who was employed with the Haryana Roadways as Driver. He was first recruited on contractual basis w.e.f. 19.2.2002. His services were regularized w.e.f. 17.2.2006. He died on 7.1.2007 before completing one year regular service. As per family pension scheme under the Punjab Civil Service Rules, Vol.II, reproduced in para 7 of the writ petition, the respondent was entitled to family pension after completing at least one year continuous service. LPA No.809 of 2009 Since the deceased had not completed one year continuous service after regularization, claim of the writ petitioner was not accepted. 3. Aggrieved thereby, writ petition was filed by stating that requirement of one year service was not for regular service. Once the deceased was regularized and he had total more than one year service including temporary service, the family pension was attracted. The Appellant contested the claim on the ground that contractual service could not be treated as qualifying service. 4. Learned Single Judge allowed the writ petition. 5. Learned counsel for the appellants submitted that while even temporary service may be counted for requirement of one year service, contractual service had to be ignored. 6. We are unable to accept the submission. The relevant part of Note-1 attached to Clause 4 of Family Pension Scheme, 1964 as contained in Punjab Civil Service Rules, Vol.II is as under:- NOTE-1: The term one year continuous service used in Para 4(i) above is inclusive of permanent/temporary service in a pension-able establishment but does not include periods of extraordinary leaves, boy service and suspension period unless that is regularized by the competent authority or before completion of one year continuous service provided the deceased Govt. Employee concerned immediately prior to his recruitment to the service or post was examined by the appropriate 2 LPA No.809 of 2009 Medical Authority and declared fit by that Authority for Govt. service.” 6. Having regard to the object of the scheme, family pension is payable to any employee in regular service if he had one year service to his credit. In the present case, the deceased had about five years service to his credit. If even temporary service had to be counted, there is no reason to exclude contractual service which is followed by regularization. It is not disputed that all other eligibility conditions were fulfilled. 7. In view of above, we do not find any ground to interfere with the view taken by the learned Single Judge. 8. The appeal is dismissed. (ADARSH KUMAR GOEL) JUDGE September 01, 2009 ( DAYA CHAUDHARY ) ashwani JUDGE 3