IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CIVIL WRIT PETITION NO. 18780 OF 2007 DATE OF DECISION: March 20, 2008 Parties Name Satish Kumar and another ..PETITIONERS VERSUS State of Haryana and others ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR JUSTICE K. C. PURI PRESENT: Mr. R.K. Malik, Senior Advocate, with Mr. Nigam Kumar, Advocate, for the petitioners. Mr. Harish Rathee, Sr. D.A.G., Haryana, JASBIR SINGH, J. (oral) Order. Mother of the petitioners died in harness on March 19, 1999. Petitioners' claim to get family pension was rejected vide order dated February 20, 2006 (P-4). Hence this writ petition. Upon notice, reply has been filed, wherein claim of the petitioners has been refuted by pleading that mother of the petitioners had not completed the requisite period in service, on the basis of which family pension could have been released in favour of the petitioners. Admittedly, mother of the petitioners joined service as Steno- typist on March 25, 1998. She died on March 19, 1999. Before entry into service, she was medically examined by the Civil Surgeon, Faridabad. Certificate issued in that regard has been brought on record as Annexure P- 2. She was selected against a regular post. Petitioners made several representations to get benefit of CIVIL WRIT PETITION NO. 18780 OF 2007 -2- family pension, which was rejected vide the impugned order by stating that as the petitioners' mother had not completed one year in service without break, as such, they are not entitled to get relief, claimed by them. We feel that the objection taken is absolutely not correct. It is not in dispute that the petitioners' mother was appointed on regular basis. Before her entry in service, she was medically examined by the competent authority. She died before completion of one year of service. Similar matter came up for consideration before this Court in Savitri Devi v.The State of Haryana and others, 1996(2) Recent Services Judgments 854. In that case, the Government servant died before completing one year in service. He was medically examined by the competent authority before entry in service. By taking note of above said fact and while interpreting the provisions of Para 5 of the Family Pension Scheme, 1964, it was observed thus: “3. The mandate of the aforementioned provision appears to be that in case the Government servant at the time of entry into service produces as a Medical Certificate of fitness, the family would be entitled to Family Pension even if he dies within less than one year. Concededly, the husband of the petitioner did submit the Medical Certificate of Fitness, Copy Annexure P/1. 4.The only interpretation which can be placed upon the Scheme as reproduced above is that even if the deceased Government employee does not complete one year of continuous service, his dependents would nevertheless be entitle to the grant of family pension provided the deceased was medically examined and found fit and a Medical Certificate of Fitness is produced before entry into Government service from a competent CIVIL WRIT PETITION NO. 18780 OF 2007 -3- Medical Officer. The completion of one year continuous service is, therefore, wholly irrelevant in view of the phraseology of the Family Pension Scheme.” The ratio of the judgment in Savitri Devi's case (supra) was approved by a Division Bench of this Court in Sharmila Devi v. Uttar Haryana Bijli Vitran Nigam Limited and others, C.W.P. 6837 of 2001, decided on July 25, 2002. We are of the view that the case of the petitioner is fully covered by the ratio of the judgments, referred to above. Nothing has been shown to the contrary. Accordingly, this writ petition is allowed and respondents are directed to release family pension in favour of the petitioners. Necessary calculation be made and amount be paid within two months from today along with interest at the rate of 6% ( simple) per annum. If the needful is not done within the stipulated period, the petitioner shall be entitled to claim interest at the rate of 10% per annum. ( Jasbir Singh ) Judge ( K. C. Puri ) March 20, 2008. Judge DKC