AMRIT KAUR @ PARAMJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The claim in this writ petition is for restoration of family pension. The husband of the petitioner who was a Constable in the police died in accident on 18.11.1987. The petitioner was granted family pension. On 1.10.1989, she was remarried to the brother of her late husband. She made an application requesting the respondents to transfer family pension in favour of her minor children. Thereafter, on account of age, her children became dis-entitled to the family pension. She has now claimed family pension in her own right again.

(2.) Counsel for the petitioner has relied upon a Division Bench decision of this Court in Smt. Balwant Kaur and another v. State of Punjab and another, decided on 23.4.2008, wherein it was held as follows:-

(3.) Counsel for the respondents states that she does not dispute the proposition of law as laid down in Balwant kaur's case , but the petitioner had specifically given up her claim for family pension. In my opinion, what the petitioner requested was for transfer of family pension in favour of her minor children and now the children are no more entitled for family pension, since the family pension is otherwise payable to the petitioner, her prayer for transfer of family pension in favour of her children cannot be treated as a waiver of her right of claiming family pension for all times to come, more-so when it is a beneficial provision. Resultantly, this writ petition is allowed and the respondents are directed to release the family pension to the petitioner with effect from the date her children were dis-entitled for the same. Necessary disbursal be made within three months from the receipt of a certified copy of this order failing which the petitioner would be entitled to claim the same with interest @ 8% pa from the date/s the amount/s fell down.