PUNJAB STATE ELECTRICITY BOARD Vs. RAM RAKHI

JUDGEMENT

(1.) Leave granted.

(2.) Respondent filed a suit seeking a mandatory injunction to the appellants to sanction and pay family pension, G.P.F., Death-cum-Retirement Gratuity, ex-gratia grant and leave encashment etc. Her case is that she is the widowed sister of Shri Dalip Chand, who was working as a Lineman in the appellant's establishment at the time of his death. The suit was resisted by the appellant and it is contended that deceased Dalip Chand did not nominate any person to be paid the family pension or G.P.F. nor any member of his family was dependant on Dalip Chand for payment of family pension. The trial Court decreed the suit in respect of various claims made by the respondent. The matter was carried in appeal unsuccessfully. In the second appeal in the High Court it was noticed that the matter is covered by the decision in Jasohdhan Devi v. State of Punjab, (1989) 6 Serv LR 664 and therefore no interference is called for as the widowed sister is recognised as member of the family entitled to family pension.

(3.) The contention put forth before this Court is that the respondent is not a member of the family as per the new pension rules which came into force in 1964 under which only spouse and children of the deceased employee will constitute members of the family. In addition it is contended that even if the respondent is a member of the family under the old rules, in which an unmarried widowed sister is included in the definition of family, still she has to fulfil other conditions arising under the other relevant provisions of the Rules and those conditions having not been fulfilled the Courts below were not justified in passing the decree for grant of family pension. The learned counsel for the respondent submitted that the view taken by the Courts below is absolutely justified and no interference is called for.