LAWS(P&H)-2013-10-159

NASIB KAUR Vs. STATE OF PUNJAB

Decided On October 09, 2013
NASIB KAUR Appellant
V/S
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

(1.) The petitioner prays that complete family pension be released to her. She is being paid half of the family pension after the death of her husband on account of the provisions of Rule 6.17 of the Punjab Civil Service Rules, Vol. II, according to which a Government employee who is survived by more than one widow would be paid pension in equal shares and on the death of the widow, the share would become payable to her eligible minor child and in case the widow leaves behind no eligible minor child, the payment of her pension will cease. The petitioner has averred that the first wife of her deceased husband had in fact pre-deceased her husband and, therefore, there was no question of two surviving widows. When the claim for family pension arose on account of death of her husband, she was the only surviving widow and, therefore, there was no occasion to decline her the complete pension.

(2.) The respondents have merely reiterated what has been indicated in Annexure P-5, which is the impugned order, i.e. that the deceased was survived by two widows. They have further stated in the reply that the petitioner did not furnish any such material to the respondents which would have indicated that the first wife pre-deceased her husband.

(3.) After hearing the learned counsel for the respondents and perusing the material on record, I am of the view that the petitioner has been unjustifiably deprived of the benefit of family pension.