( 1 ) LEAVE granted.

( 2 ) WE have heard learned Counsel for the parties finally in this appeal which is being disposed of by this order.

( 3 ) THE short question is whether the deceased respondent Kharak Singh and his surviving widow who is now the sole respondent representing his estate were entitled to get family pension on the demise of their unmarried son Daljit Singh who died in harness on 5-11 -1985 when he was in government service of the Appellant State. |

( 4 ) IT is not in dispute that there was a family pension scheme promulgated by the appellant State being Pension Rules 1951 which included the parents of the deceased government servant amongs the beneficiaries under the definition of "family". But the said Scheme underwen a metamorphosis in 1964 and as per the family Pension Scheme of 1964 the parents of the deceased government servant were excluded from the definition of "family". As the Respondents son Dalji singh died in 1985, as stated above, was the 1964 Pension Scheme which applied. In view of this Scheme, there fore, neither the deceased government servants father Kharak Singh nor his with could legally claim family pension on account of the death of Daljit Sing