JASWINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Sukhpal Singh joined as Excise and Taxation Officer after he was selected by Punjab Public Service Commission, Patiala. He was put on probation for two years but he could not complete the period of probation as he died on 24.6.1989. His mother submitted an application for grant of family pension but the same was declined on the ground that mother is not included in the definition of family under the Family Pension Scheme. Hence this writ petition by Jaswinder Kaur, mother of the deceased for directing the respondents to grant her family pension.

(2.) One of the stand taken by the respondents is that the mother is not included in the definition of 'family' under the Family Pension Scheme. Against this, learned counsel for the petitioner cited judgment of this Court State of Panjab v. Kharak Singh Kang, 1998 1 SCT 556 wherein Division Bench of this Court has held that rule excluding parents from the definition of family is totally arbitrary and not rationale.

(3.) Rule 6.17 of Punjab Civil Services, Volume II so far it excludes parents from the 'family' was held to be ultra vires and accordingly struck down. In view of judgment of Division Bench of this Court in Kharak Singh Kang's case , family pension cannot be denied to the petitioner.