JASPREET KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Petitioner's request for family pension has not been acceded to. Even though, no formal order of rejection of claim of the petitioner has been passed, however, from the reply, it appears that the petitioner has been declined family pension on the ground that her adoption was not prior to the retirement of the govt. employee.

(2.) It may be necessary to briefly notice the factual background leading to the filing of the present writ petition.

(3.) Tej Singh was working as Senior Assistant in the office of Labour Commissioner, Punjab. He sought voluntary retirement from service on 2.6.2000. On his voluntary retirement, pension was sanctioned in his favour. Unfortunately, Tej Singh died on 29.7.2001 and on his death, pension was sanctioned in favour of Jasmer Kaur his widow. Unfortunately, widow of Tez Singh namely, Jasmer Kaur also died on 19.7.2010. The petitioner approached the respondents for grant of family pension in her favour claiming to be un- married and adopted daughter of Tez Singh, the deceased govt. employee, vide her application dated 16.8.2010. The claim of the petitioner has not been accepted which forced the petitioner to file the present petition seeking a writ in the nature of mandamus to grant family pension and other benefits of her deceased father. Family pension is governed by the statutory rules namely Punjab Civil Services Rules Vol. II. Rule 6.16-B(l) and 6:17 thereof define 'family' for purposes of pension, which read as under :-