Shanti Devi Widow vs Haryana State Electricity Board

N.K. Kapoor, J.—The petitioner has sought issuance of a writ of mandamus commanding the respondents to grant family pensionary benefits being widow of late Sh. Chamela Ram, her husband, who was in service of the Haryana State Electricity Board.

The petitioner''s husband was Sweeper in the Haryana State Electricity Board, Operation Division, Yamunanagar, who died on 11.11.1980. On account of the unfortunate death of her husband, the petitioner made request for grant of pensionary benefits as well as sought appointment of her son on compassionate grounds. Since no action was initiated by the Board, the petitioner filed Civil Writ Petition No. 17122 of 1991 titled as ''Ramesh Kumar v. Haryana State Electricity Board and Ors.'' claiming appointment on compassionate grounds which was allowed by this Court vide order dated 11.2.1992 with a direction to the respondents to provide employment, to the petitioner Ramesh Kumar (son of Chamela Ram). Pursuance to the order of the Court, present petitioner''s son was given appointment from 21.4.1992. Since she had been denied pensionary benefits in view of the service rendered by her husband, the petitioner again moved the concerned authorities for grant of legitimate relief basing her claim upon the decision of Civil Writ Petition No. 10047 of 1990 decided on 13.11.1990. This prayer was, however, declined by the authorities on the ground that her husband was not a regular employee of the Haryana State Electricity Board i.e. he was a work-charged employee and thus no pensionary benefit could be granted to the petitioner. Hence, the present petition.

Notice of motion was issued to the respondents who put in appearance and have filed written statement challenging the maintainability of the present petition on the ground of in ordinate delay as well as the right of the petitioner to claim pensionary benefits as her husband was only a work-charged employee.

We have heard learned counsel for the parties. It is admitted case of the parties that Sh. Chamela Ram was working as a sweeper in the Operation division, Haryana State Electricity Board, Yamunanagar, who died while in service on 11.11.1980. He joined as Sweeper on 1.9.1973. The respondents have sought to deny the legitimate claim of the petitioner on the ground of delay and technical objection that deceased was a work-charged employee. The latter objection besides being hyper-technical pales into insignificance on account of the decision of the earlier writ petition filed by Ramesh Kumar son of Chamela Ram seeking appointment on compassionate ground. Admittedly, Ramesh Kumar has been given employment by the Haryana State Electricity Board. This way it is reasonable to infer that respondents have treated the service rendered by Chamela Ram as that of a regular employee. The plea of delay is also without merit. In fact, it was incumbent upon the respondents to give the pensionary benefits to the heirs of the deceased whosoever entitled to on its own. In the instant case, despite a notice given through the counsel for grant of family pensionary benefits neither any step was initiated nor reply given, thus compelling the petitioner to knock the door of the Court again. The relief sought by the petitioner is otherwise covered by the earlier decision of this Court in Smt. Sarbati Devi v. State of Punjab and Ors., CWP No. 10047 of 1990, decided on November 13, 1990. Thus, we do not find any merit in any of the objections raised by the respondent and accordingly allow the petition. The respondents are also directed to pay the pensionary benefits for a period of three years and two months before filing of this writ petition to the petitioner within a period of two months from today. No order as to costs.