COCP No.1484 of 2011 (O & M) ::1:: IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH COCP No.1484 of 2011 (O & M) Date of decision: 16.11.2011 Dhan Kaur .... Petitioner Versus Shri Ashwani Kumar Dogra ....Respondent CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL Present: Mr.Manoj Kumar Sangwal, Advocate, for Mr.J.P. Dhull, Advocate, for the petitioner. Mr.Paramjit Batta, Addl. A.G., Haryana. **** AJAY KUMAR MITTAL, J.: (Oral) The grievance of the petitioner is that an order dated 07.04.2010 passed by this Court in CWP No.20016 of 2009 had not been complied with. According to the learned counsel, the following directions had been given by this Court: “1. Petitioner shall complete all the formalities as may be required within a period of one month from today, if, not already completed. 2. Respondents will process the case of the petitioner and all necessary sanctions would be granted within a period of two months and the actual admissible retiral benefits will be released within a period of one month, thereafter along with the statutory interest, wherever payable to the legal heirs in accordance with the rules.” COCP No.1484 of 2011 (O & M) ::2:: 2. Upon notice having been issued to the respondent, reply has been filed by way of an affidavit of the respondent, wherein, in Para 1, it has been stated as under: “That contents of para No.1 of the contempt petition are admitted to the extent that CWP No.20016 of 2009 was filed by the petitioner in the Hon'ble High Court for grant of family pension and other benefits admissible to her, on account of death of her son while in harness. However the petitioner has no cause of action for filing the present contempt petition because all the admissible benefit including family pension, Ex- gratia compensation, GIS, Leave encashment, gratuity etc. have already been paid to her. The family pension has been paid to the petitioner w.e.f. 21.07.2006 and not from 06.05.1996 i.e. date of death of her son because in the Family Pension Scheme, 1964, there was no provision for grant of family pension to the parents of an unmarried employee who dies while in service. The parents have been included in the lists of dependents by Govt. notification dated 21.07.2006 and they are eligible for family pension from the date of this notification vide which they have been made the dependents of the deceased employee. Rest of the contents of this para are wrong and denied. 3. According to the averments made in the affidavit, the Ex- gratia compensation, GIS, leave encashment, gratuity, etc. have already been paid to the petitioner. 4. It has further been stated that family pension has been paid to the petitioner w.e.f. 21.07.2006 and not from 06.05.1996 i.e. COCP No.1484 of 2011 (O & M) ::3:: date of death of her son because in the Family Pension Scheme, 1964, there was no provision for grant of family pension to the parents of an unmarried employee who expired during the service. According to the reply, the parents have been included in the list of dependents by Government Notification dated 21.07.2006 (Annexure R-1) and in pursuance thereto, the petitioner was held entitled for the family pension. 5. In view of the above, no further action is called for in this petition. 6. However, in case, any grievance still subsists, the petitioner shall be at liberty to take recourse to the legal remedies in accordance with law. (AJAY KUMAR MITTAL) JUDGE November 16, 2011 sukhpreet