VASDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner's son Kulwinder Singh was in PCMS-I. He joined PCMS-I on 23.5.1982 and ad hoc basis. His services were regularised on 21.3.1983. He served at various places. Unfortunately, he died on 1.1.1998. At the time of his death, he was unmarried. Both his parents, i.e. his father and mother were dependent upon him. His mother, however, died. His father Vasdev Singh petitioner herein is surviving. Vasdev Singh has no income of his own and was fully dependent upon his son. He applied for dependency certificate to Deputy Commissioner, Hoshiarpur and the Deputy Commissioner, Hoshiarpur issued him dependency certificate Annexure P-4 vide letter dated 27.6.1988. He knocked the door of the authorities several times so as to obtain family pension as also death-cum-retirement gratuity. Family pension was not released to him. Death-cum-retirement gratuity was also not released to him. His claim to family pension and death-cum-retirement gratuity was kept pending for want of legal heir certificate by the authorities vide Annexure P-5.

(2.) Through this writ petition filed by Vasdev Singh under Article 226/227 of the Constitution of India, he has prayed for the issuance of a writ, order or direction especially in the nature of mandamus directing the respondent State of Punjab to grant him family pension and death-cum-retirement gratuity on account of the death of his son upon whom he was dependent.

(3.) Respondent State of Punjab contested this writ petition urging that the petitioner is not entitled to family pension as he is not covered in the definition of "family" as given in Rule 6.17(3) of Punjab civil Services Rules Vol. II and so far as gratuity amounting to Rs. 38160/- is concerned, the same was paid to him.