TMI Blog2008 (1) TMI 943X X X X Extracts X X X X X X X X Extracts X X X X ..... ly from the Civil Appeal arising out of SLP (C) No. 4392 of 2004 titled Uttar Haryana Bijli Vitran Nigam Ltd. ors. v. Surji Devi. 4. Appellant No. 1 was the successor of Haryana State Electricity Board which was constituted under Section 5 and incorporated under Section 12 of the Electricity (Supply) Act, 1948. Respondent (Surji Devi) is the widow of Late Shri Krishan. He was appointed on a work-charge basis on or about 12.08.1974. Indisputably he continued to serve the appellant no. 1 in the same capacity. While in service, he expired on 11.08.1985. Respondent was appointed on compassionate ground in the services of the appellant Corporation in terms of an exgratia scheme. Concededly, the deceased was a member of a Contributory Pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Respondents husband having been a member of the Contributory Provident Fund, the Family Pension Scheme was not applicable in her case. 7. Mr. Jasbir Singh Malik, learned counsel appearing on behalf of the respondent, on the other hand, urged: (i) Appellants having not questioned the correctness of Kanta Devi (supra), now cannot turn round and contend that the Family Pension Scheme is not applicable. (ii) The High Court in Kanta Devi (supra) having interpreted para 4 of the Family Pension Scheme, the appellants are bound thereby. 8. The State of Punjab made the Punjab Civil Services Rules. The said Rules, subject to modifications, became applicable to the State of Haryana. Volume 2 of the said Rules inter alia provide for service ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Relevant portion of Para 4 of the said Scheme reads as under: 4. This scheme is administered as below:- (i) The family pension is admissible in case of death while in service or after retirement on or after the 1st July, 1964, if at the time of death, the retired officer was in receipt of a compensation, invalid, retiring or superannuation pension. The family pension will not be admissible in case of death after retirement if the retired employee at the time of death was in receipt of gratuity only. In case of death while in service a Government employee should have completed a minimum period of one year of continuous service without break. Note 1. The term one year continuous service used in para-4(i) above is inclusive of perma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Pension was made under a statute. A person would be entitled to the benefit thereof subject to the statutory interdicts. From a bare perusal of the provisions contained in the Punjab Civil Services Rules, Volume 2 vis-`-vis the Family Pension Scheme, it would be evident that the respondent was not entitled to the grant of any family pension. Husband of the respondent was a work-charge employee. His services had never been regularized. It may be unfortunate that he had worked for 11 years. He expired before he could get the benefit of the regularization scheme but sentiments and sympathy alone cannot be a ground for taking a view different from what is permissible in law. [See Maruti Udyod Ltd. v. Ram Lal and Others, (2005) 2 SCC 638, State ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not raised therein. The High Court, therefore, committed a serious error in applying Kanta Devi (supra) to the fact of the present case. 15. Mr. Malik contended that it has wrongly been stated in the list of dates that the appeal against Kanta Devi (supra) has remained pending before this Court and, thus, it being a misstatement, the leave granted should be revoked. It may be so but in a case of this nature this Court is required to lay down the law. We do not, thus, intend to revoke the leave. However, we direct that any benefit paid to the respondent should not be recovered. 16. For the reasons aforementioned, the appeal is allowed with the aforementioned directions. However, in the facts and circumstances of this case, there shall ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
