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120 IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

RSA-4194-2017 (O&M)

Reserved on 30.10.2025

Pronounced on : 22.12.2025

Uploaded on : 22.12.2025

Whether only operative part of the judgment is pronounced? No

Whether full judgment is pronounced? Yes

Kalawati ….Appellant

Versus

State of Haryana & ors. ….Respondents

CORAM: HON’BLE MR. JUSTICE PANKAJ JAIN

*****

Present:- Mr. Ashutosh Kaushik, Advocate

for the appellant.

(Through V.C.).

Mr. Saurabh Girdhar, Asstt. A.G., Haryana.

*****

PANKAJ JAIN, J.

1 Plaintiff is in second appeal. For convenience, parties hereinafter

are referred to by their original position in the suit, i.e. the appellant as plaintiff

and respondents as defendants.

2 Plaintiff filed suit seeking declaration to the effect that she is

entitled to get the financial assistance equivalent to salary last drawn till the

date of superannuation of her deceased son Shri Hari Har Mohan and sought

mandate to the defendants to release the benefits in terms of the Haryana

POOJA SHARMA Page 1 of 12

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I attest to the accuracy and

integrity of this document

Compassionate Assistance to the dependents of the deceased Government

Employees Rules, 2006 (for short, ‘the 2006 Rules’) along with interest.

3 As per the case of the plaintiff, her son namely Hari Har Mohan

was working as Sanskrit teacher with the respondents. He died in harness on

11.10.2011. At the time of death, he was posted as Sanskrit teacher with

Government Middle School, Village Sanghore, Tehsil Babain, District

Kurukshetra and was getting salary of Rs.38,570/-. Deceased was unmarried.

She being mother is the only legal heir of the deceased. She was fully

dependent upon the income of her deceased son. In terms of the 2006 Rules

the plaintiff is entitled for financial assistance. Succession certificate was

granted in favour of the plaintiff by the Court of Additional Civil Judge

(Senior Division) Kurukshetra vide order dated 27.08.2013. The same already

stands submitted to the defendants. However, the defendants have not

released assistance to the plaintiff till date.

4 Suit was contested by the defendants claiming that the plaintiff

is guilty of having suppressed material facts. She is wife of Sat Narain Shastri,

a Government Employee who is getting pension @ Rs.15,475/- per month.

She has been nominated to receive the family pension in case of death of Sat

Narain Shastri. Objective of the 2006 Rules is to assist the family of a

deceased employee to tide over an emergency situation arising out of loss of

bread earner. Plaintiff is thus not entitled to any benefit as her husband is

drawing pension of Rs.15,475/- per month. The plaintiff cannot be said to be

dependent upon her deceased son.

POOJA SHARMA Page 2 of 12

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I attest to the accuracy and

integrity of this document

5 Courts below held that the plaintiff has not approached the Court

with the clean hands, as she concealed the fact of her husband receiving

pension and dismissed the suit filed by the plaintiff.

6 The Lower Appellate Court while rejecting the claim of the

plaintiff observed as under :-

“16. The question which arises in the present case is as to whether

the plaintiff being mother of deceased Hari Har Mohan who was

unmarried, can be said to be wholly dependent on him when he was

alive so as to be legally entitled to the benefit of financial assistance

under the Haryana Compassionate Assistance to the Dependents of

Deceased Government Employees Rules, 2006 till the date of his

superannuation and thereafter, to family pension as claimed.

17. It may be observed that PW1 Kalawati has testified in her affidavit

Ex.PW1/A that she was fully dependent upon the income of her son

Hari Har Mohan and is entitled to financial assistance and family

pension as prayed for. However, in the plaint and her affidavit

tendered in evidence as Ex.PW1/A the plaintiff Kalawati did not

mention as to her husband being retired government employee and

pensioner of Haryana Government and also as to her entitlement to

grant of family pe