Civil Writ Petition No.164 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.164 of 2009 Decided on : 07-10-2009 Lt. Col. Ajay Malik & others .... Petitioners VERSUS State of Haryana & others .... Respondents CORAM:- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL. Present:- Mr. R.K. Malik, Senior Advocate, with Mr. Ashish Chaudhary, Advocate, for the petitioners. Mr. Ajay Kumar Gupta, Addl. A.G., Haryana, for the respondents. SATISH KUMAR MITTAL, J (Oral). The petitioners, who are parents and brothers of Mrs. Anita Malik (the deceased employee), who was working as Lecturer in M.L.R. Sarawati college of Education, Charkhi Dadri, Distt. Bhiwani, have filed the instant petition for issuing direction to the respondents to release the family pension to them on account of death of the deceased employee. During the course of arguments on 27.5.2009, an objection has been taken by the respondents that the deceased employee was married, therefore, neither her brother nor her parents are entitled for family pension. Civil Writ Petition No.164 of 2009 -2- On 27.5.2009, the counsel for the petitioners sought adjournment to file an affidavit to the effect whether the deceased employee was married or unmarried. Learned counsel for the petitioners has very fairly stated that the deceased employee was married, though, she was not living with her husband. But she was also not divorcee. Learned counsel for the respondents has stated that in view of these facts, the petitioners are not entitled for family pension under the Rules. Learned counsel for the petitioners could not controvert the objection raised by the counsel for the respondents. In view of above, this petition is dismissed. 7th October, 2009. (SATISH KUMAR MITTAL) Monika JUDGE