INDERJIT KAUR Vs. ACCOUNTANT GENERAL, PUNJAB, CHANDIGARH

JUDGEMENT

(1.) Petitioner Inderjit Kaur is the widow of Ganga Singh, who was a permanent employee of the Horticulture Department in the State of Punjab. He remained in service from 18th March, 1947, till 29th March, 1974, when he was absorbed in the Punjab State Co-operative Fruit Development Federation Limited. On retirement from service, Ganga Singh was granted monthly pension at the rate of Rs. 151/- with effect from 30th March, 1974. He continued to draw this monthly pension up to 6th April, 1987; but after his death, his wife Inderjit Kaur was not allowed family pension on the ground that Ganga Singh had been absorbed in the Punjab State Co-operative Fruit Development Federation Limited and, as such, Rule 5.3 of the Punjab Civil Services Rules, Volume II, disentitled the pensioner to such pension. Aggrieved against this, the petitioner has invoked the writ jurisdiction of this Court.

(2.) The Accountant General, Punjab, respondent No. 1, in reply to the writ petition, has sought to justify the impugned action by interpreting Rule 5.3 of the Punjab Civil Services Rules, Volume II, to mean that even though the petitioner's husband Ganga Singh was absorbed permanently in the Punjab State Co-operative Fruit Development Federation Limited and on that basis he was granted pensionary benefits under Rule 5.3 ibid, yet no family pension would be admissible to the petitioner as the Federation was registered under the Punjab State Co-operative Societies Act, 1954.

(3.) After hearing the learned counsel for the parties, I find that the stand taken by the respondents is wholly untenable in law and the writ petition deserves to be allowed. Rule 5.3 of the Punjab Civil Service Rules , Volume II, does not debar a permanent Government servant from receiving the monthly pension nor does it disentitle family members of such a government servant from claiming family pension, if such an employee gets absorbed in the employment of a Co-operative Society or a private company. The bar is created by sub-rule (2) of Rule 5.3 only in the case of employee getting absorbed in Corporation or Companies, wholly or substantially owned or controlled by Government or in or under a body controlled or financed by Government, or Municipality, Panchayat Samiti or Zila Parishad. This is not the position in the present case. Ganga Singh was absorbed only in Punjab State Co-operative Fruit Development Federation Limited, which was neither a Government owned Corporation or company nor was a municipality or Panchayat Samiti, etc. It was only a co-operative society registered under the Punjab State Co-operative Societies Act, 1954. As such, Inderjit Kaur widow of Ganga Singh is held entitled to the family pension on the basis of the monthly pension of Rs. 151/- drawn by late Ganga Singh in view of his service from March, 1947, to March, 1974.