High Court of Punjab and Haryana, Chandigarh
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Smt. Shanti Devi v. State of Punjab & Ors - CWP-14219-2004  RD-P&H 2612 (25 April 2006)
In the High Court of Punjab and Haryana, Chandigarh.
CWP No. 14219 of 2004
Date of Decision: 4.5.2006
Smt. Shanti Devi
State of Punjab and others
Coram:- Hon'ble Mr.Justice J.S. Khehar.
Hon'ble Mr. Justice P.S. Patwalia
Present: Mr. S.S. Joshi, Advocate
for the petitioner.
Mr. Ashok Aggarwal, Addl. A.G., Punjab
for the respondents.
J.S. Khehar, J. (Oral).
The son of the petitioner, Ashok Kumar, was employed as a teacher in a Government School at Ludhiana. He died in harness on 2.8.1998. Through the instant writ petition, the petitioner claims financial benefits under Rule 2.73 of the Punjab Civil Services Rules, Volume-II, Part-II (hereinafter referred to as the Rules). The aforesaid rule, which has been extracted in the written statement filed on behalf of the official respondents, is extracted hereunder:-
"The ex-gratia grant will be payable to the following members of the family of the deceased employee and in the order mentioned below:-
(1) Widow or husband as the case may be.
CWP No. 14219 of 2004 Page numbers
(2) Sons and Daughters ) If they are unemployed & were (3) Father ) entirely dependent on the
(4) Mother ) deceased employee as certified (5) Brothers and Sisters ) by the Deputy Commissioner." We have perused the rule, extracted above. We are satisfied, that benefits under the Rules, will flow in the order of preference indicated therein.
According to the pleadings in the written statement, all the financial benefits due, on account of the death of Ashok Kumar, have been released to his widow Sudarshana Rani respondent No.6. Since one of the eligible members of the family of the deceased employee, falling at Sr. No.1, was available, and the financial benefits have been released to her, we are satisfied, that the claim of the petitioner is misconceived, since the petitioner falls in the category at Sr. No.4.
For the reasons recorded above, we find no merit in this petition. The same is, accordingly, dismissed.
( J.S. Khehar )
( P.S. Patwalia )
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