IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A No. 4087 of 2011 (O&M) Date of decision:- 22.12.2011 Vijay Laxmi and others ...Appellants Versus Haryana State and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Amti Singla, Advocate for the appellants. RITU BAHRI J.(Oral) This regular second appeal is against the judgment and decree dated 27.01.2009 passed by the learned Additional Civil Judge (Sr. Divn.), Hisar and impugned judgment and decree dated 24.01.2011 passed by learned Additional District Judge, Hisar. The appellants/plaintiffs filed a suit for mandatory injunction directing the respondents to release the family pension to the appellant no. 1on account of death of her husband along with arrears and interest and further to appoint the appellant No. 2 on compassionate/ex-gratia as per government policy. Hawa Singh (since deceased) was appointed at the post of Driver in Haryana Roadways at Hisar Depot in October 1974. His services were terminated on account of willful absence from duty in the year 1980 without giving any service benefits. Hawa Singh died on 10.08.1990. The claim for family pension has been rejected by both the Courts below that as per Rule 2.5 and 4.19 of Punjab Civil Services Rules, Vol II, no pensionary benefits are admissible to government employee. The termination order was passed in November, 1980, which has not been challenged in the civil suit, which was filed on 06.06.2006 and only the relief of pensionary benefit and appointment on compassionate grounds has been sought. The plaintiffs being dependents of the deceased employee are not entitled to ex-gratia, compassionate appointment and pensionary benefits as the service of the employee has been terminated in the year 1980 and he died in the year 1990. There is no policy to given them these benefits and there is also no challenge to the termination order. Applicability of Rule 2.5 of Punjab Civil Services Rules, Vol II for grant of pension is not made out. No substantial question of law arises for adjudication before this Court. Accordingly, Regular Second Appeal is dismissed. December 22, 2011 ( RITU BAHRI ) G.Arora JUDGE