BALJIT KAUR Vs. PUNJAB STATE GOVERNMENT AND ORS.

JUDGEMENT

(1.) THE instant regular second appeal has been filed by appellant/plaintiff Baljit Kaur challenging the judgment and decree passed by the Subordinate Court as well as the Lower Appellate Court denying her the relief of family pension, which she had claimed as widow of a government employee.

(2.) BRIEF facts of the case as set out by the appellant/plaintiff are that her husband Jugraj Singh joined service as a Beldar in the department of Soil Conservation, Government of Punjab, w.e.f. 12.11.1974 and absented from duty w.e.f. 24.8.1982. During the period of absence, the plaintiff's husband died on 25.11.1989. However, prior thereto, the department vide letter dated 18.3.1986 (Ex.DX/1) from the Soil Conservation Officer to the Chief Soil Conservation Officer, Punjab while intimating that his period of absence had been treated as leave of the kind due, recommended the posting of the plaintiff's husband to another Division. It was in the aforementioned background that the plaintiff being widow of the deceased employee filed the suit claiming death -cum -retirement gratuity, provident fund as well as family pension. On the pleadings of the parties, the following issues were framed: -

(3.) On the basis of pleadings as well as evidence led by the parties, the Subordinate Court partly decreed the suit to the extent of grant of death -cum -retirement gratuity and provident fund, but denied the claim for family pension by placing reliance upon Rule 3.17 -A(2) of the Punjab Civil Services Rules, Volume II, (for short 'the PCS Rules').