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2013 Supreme(P&H) 377

A.K.Sikri, Rakesh Kumar Jain
Geeta Devi – Appellant
Versus
Financial Commissioner & Principal Secretary to Govt. Haryana – Respondent


Advocates:
For the Petitioner:Mr. Sandeep Bansal, Advocate.
Mr. Anil Rathee, Additional Advocate General, Haryana.
For the Respondent No. 4:Ms. Ramandeep Kaur, Advocate for Mr. A.S. Virk, Advocate.

JUDGMENT

Mr. A.K. Sikri, C.J. (Oral):- Orders dated 07.02.2013 passed in this case would reflect the controversy in hand. Therefore, we begin by reproducing the said order in its entirety as follows:-

“The petitioner is the mother of Udey Kant who was in the service of respondent No. 4 – School i.e. DAV Sr. Sec. School (Boys), Karnal. This is an aided and recognized school. He died in harness on 13.06.2010. The petitioner, mother of Udey Kant, is the only legal heir. However, she is denied family pension and financial assistance under the Schemes formulated by the State of Haryana because of the reason that Rule 14 of the Haryana Aided Schools (Special Pension & Contributory Provident Fund) Rules, 2001 (hereinafter referred to as the “Rules”) does not include parents of the deceased as dependent for the purpose of family pension. For this reason, the petitioner has challenged the vires of Rule 14.

Learned counsel for the petitioner has drawn our attention to the Punjab Civil Service Rules where dependent parents are included in the definition of “Family” for the purpose of family pension. He also submits that the Parliament has also now enacted Maintenance and Welfare of Parents an












































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