205 IN THE HIGH COURT OF PUNJAB AND HARYANA AT MRS. SANGEETA STATE OF HARYAN CORAM: HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE Present Mr. Mr. Mr. Indresh Goel, * SANJEEV PRAKASH SHARMA CM-1544-LPA For the reasons mentioned in the application, the same is allowed and delay of 732 days in filing the appeal is hereby condoned. LPA-731-2017 (O&M) 1. The short point involved in the present case with regard to the order dated challenged to a limited extent by the respondents have assistance to the widow in terms of the to the Dependents of Deceased Government Employees Rules, 2006 (hereinafter referred to as the Rules of 2006) grant for issuing le respondents have asked the petitioner to submit an undertaking in terms of The Haryana Civil Services Rules Pension (Part IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: MRS. SANGEETA V/s. STATE OF HARYANA AND OTHERS HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE H.S. GREWAL Mr. Sandeep Parkash Chahar, Advocate Mr. Hitesh Pandit, Addl. A.G., Haryana Mr. Indresh Goel, Advocate for respondent No.3. **** SANJEEV PRAKASH SHARMA, J. (Oral) LPA-2017 For the reasons mentioned in the application, the same is allowed and delay of 732 days in filing the appeal is hereby condoned. 2017 (O&M) The short point involved in the present case with regard to the 16.03.2015 passed by the learned Single Bench which challenged to a limited extent by the appellant herein respondents have principally agreed to release the monthly financial assistance to the widow in terms of the Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2006 (hereinafter referred to as the Rules of 2006), it has put the spokes o r issuing letters dated 11.03.2015 and 13.03 respondents have asked the petitioner to submit an undertaking in terms of The Haryana Civil Services Rules Pension (Part IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA-731-2017 (O&M) Date of Decision: 13th of May, 2025 ..…...Appellant(s) .....Respondent(s) SANJEEV PRAKASH SHARMA H.S. GREWAL , Advocate for the appellant. Hitesh Pandit, Addl. A.G., Haryana, for the respondents. Advocate for respondent No.3. For the reasons mentioned in the application, the same is allowed and delay of 732 days in filing the appeal is hereby condoned. The short point involved in the present case with regard to the learned Single Bench which is appellant herein stating that while the to release the monthly financial Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2006 , it has put the spokes on such tters dated 11.03.2015 and 13.03.2015, whereby the respondents have asked the petitioner to submit an undertaking in terms of The Haryana Civil Services Rules Pension (Part-II) Rules, 2009 (hereinafter Suresh Kumar 2025.05.15 10:19 I attest to the accuracy and integrity of this document LPA-731-2017 (O&M) referred to Rules of 2009) conditions regarding 2. Learned counsel submits that the respondents have misguided themselves in issuing of letter dated 13.03.2015 as the monthly financial assistance available to reference to the defined. 3. In the case of the petitioner, there was no requirement under the Family Pension undertaking being 4. Learned State counsel submits that so far as the of the Department financial assistance Science & Technology, Hisar Registrar. 5. We have considered all the aspects. 6. Learned Single Bench, in the impugned order, following order: 226/227 of directions to the assistance from the date it with interest @ 24% per annum. present in regarding dependency conveyed to the Registrar, Guru Science & Technology, Hisar. A copy of the 2017 (O&M) referred to Rules of 2009) which requires as per Rule regarding the dependency criteria of the Learned counsel submits that the respondents have misguided themselves in issuing of letter dated 13.03.2015 as the monthly financial assistance available to the petitioner in terms of Rules reference to the Family Pension Scheme, 1964 In the case of the petitioner, there was no requirement under Family Pension Scheme of 1964 to give any undertaking and t undertaking being claimed is, therefore, misconceived. Learned State counsel submits that so far as the of the Department is concerned, he had conveyed to release the monthly financial assistance to the Registrar, Guru Jambheshwar Science & Technology, Hisar and the letter issued to the petitioner We have considered all the aspects. Learned Single Bench, in the impugned order, following order:- “By way of the instant writ petition, u 226/227 of the Constitution of India, the petitioner seeks directions to the respondents to release the monthly financial assistance from the date it was stopped till its payment along with interest @ 24% per annum. Mr. Kuldeep Singh Jamwal, present in the Court, submits that the necessary clarification regarding dependency for monthly financial assistance has been conveyed to the Registrar, Guru Science & Technology, Hisar. A copy of the as per Rules 14(3) and 14(4), of the childless widow. Learned counsel submits that the respondents have misguided themselves in issuing of letter dated 13.03.2015 as the monthly financial the petitioner in terms of Rules of 2006 is with , 1964 where the family has been In the case of the petitioner, there was no requirement under 1964 to give any undertaking and the misconceived. Learned State counsel submits that so far as the Joint Director conveyed to release the monthly Guru Jambheshwar University of and the letter issued to the petitioner is by the We have considered all the aspects. Learned Single Bench, in the impugned order, has passed the By way of the instant writ petition, under Articles the Constitution of India, the petitioner seeks respondents to release the monthly financial was stopped till its payment along Mr. Kuldeep Singh Jamwal, Joint Director, who is the Court, submits that the necessary clarification for monthly financial assistance has been Jambheshwar University of Science & Technology, Hisar. A copy of the letter dated Suresh Kumar 2025.05.15 10:19 I attest to the accuracy and integrity of this document LPA-731-2017 (O&M) 11.03.2015 in this regard, is taken on record as Mark pursuance of the clarification received by the Department, the Registrar to the petitioner, taken on record as Mark office order dated 13.03.2015 (Mark disposed 7. While we find that the claim of the petitioner seeking release of monthly financial assistance was conveyed to its Registrar Technology, Hisar Registrar which were totally which governed the assistance which the petitioner was claiming. The letter and 13.03.2015 referred to the Rules of 2009 and therefore, to the said extent the conditions being demanded deserves to be deleted. 8. We, therefore, clarify that without filing of an undertaking a widow, would be entitle the date it was stopped till the same was paid acceptance on part of the State Government whose present in the Court before the learned Single Bench. impediment shall be imposed. The amount shall now be released along with arrears with interest @ 9% per annum. 2017 (O&M) 11.03.2015 in this regard, is taken on record as Mark pursuance of the clarification received by the Department, the Registrar has approved the grant of monthly financial assistance to the petitioner, vide office order dated 13.03.2015, which taken on record as Mark-B. In view of the letter dated 11.03.2015 (Mark office order dated 13.03.2015 (Mark disposed of as having become infructuous While we find that the claim of the petitioner seeking release of monthly financial assistance was principally conveyed to its Registrar, Guru Jambheshwar University of Technology, Hisar to release the same, certain conditions were put by the Registrar which were totally folly to the provisions of the governed the eligibility and method of grant of release of financial assistance which the petitioner was claiming. The letter and 13.03.2015 referred to the Rules of 2009 and therefore, to the said extent the conditions being demanded deserves to We, therefore, clarify that without filing of an undertaking in terms of the Rules of 2009, the petitioner, who is a widow, would be entitled to receive monthly financial assistances from the date it was stopped till the same was paid acceptance on part of the State Government whose present in the Court before the learned Single Bench. impediment shall be imposed. The amount shall now be released along with arrears with interest @ 9% per annum. 11.03.2015 in this regard, is taken on record as Mark-A. In pursuance of the clarification received by the Department, the has approved the grant of monthly financial assistance vide office order dated 13.03.2015, which is In view of the letter dated 11.03.2015 (Mark-A) and the office order dated 13.03.2015 (Mark-B), the present petition is of as having become infructuous.” While we find that the claim of the petitioner seeking release principally accepted by the State and Guru Jambheshwar University of Science & to release the same, certain conditions were put by the the provisions of the Rules of 2006 eligibility and method of grant of release of financial assistance which the petitioner was claiming. The letters dated 11.03.2015 and 13.03.2015 referred to the Rules of 2009, which have no application and therefore, to the said extent the conditions being demanded deserves to We, therefore, clarify that without imposing the condition of s of 2009, the petitioner, who is monthly financial assistances from the date it was stopped till the same was paid to her in terms of the specific acceptance on part of the State Government whose Joint Director was present in the Court before the learned Single Bench. No further impediment shall be imposed. The amount shall now be released along with Suresh Kumar 2025.05.15 10:19 I attest to the accuracy and integrity of this document LPA-731-2017 (O&M) 9. With the aforesaid clarificatio disposed of. 10. It is made clear that the strictly in terms of Rules of 2006 for the term as provided therein. 11. Al accordingly. May 13, 2025 Ess Kay Whether speaking / reasoned Whether Reportable 2017 (O&M) With the aforesaid clarificatio It is made clear that the financial strictly in terms of Rules of 2006 for the term as provided therein. All pending applications in this [SANJEEV PRAKASH SHARMA [H.S. GREWAL 2025 Whether speaking / reasoned : Whether Reportable : With the aforesaid clarifications, the Appeal stands financial assistance would be payable strictly in terms of Rules of 2006 for the term as provided therein. pending applications in this case are disposed of SANJEEV PRAKASH SHARMA] JUDGE H.S. GREWAL] JUDGE : Yes / No : Yes / No Suresh Kumar 2025.05.15 10:19 I attest to the accuracy and integrity of this document