A short law point arising before this Court is as to whether the family of a deceased employee, who on account of previous service under the Government is entitled to pro-rata pension and dies while receiving the pension, then his family is entitled to family pension or not? The Family Pension Scheme, 1964 provides for grant of family pension to the family of deceased Government employee. Under the said scheme, the family pension is admissible on account of death of an employee after his retirement. Admittedly, wife is included in the definition of family. The instructions dated 11.05.1977 (Annexure P-1) deals with the transfer of Haryana Government employees to other Governments, Companies, Corporations, Boards, Municipal Committees etc. It deals with the various aspects on accounts of deputation of an employee. Rule 12 of the said instructions deals with grant of retiral benefit on permanent absorption in the Public Sector Undertakings. The said rule provides pro-rata pension and death-cumretirement gratuity based on the length of his qualifying service under the Government till the date of absorption. It is apparently on the basis of this rule that husband of the petitioner was granted pro-rata pension. Now, the offending rule is Rule 12A (viii), which is reproduced as under:-
