LAWS(P&H)-2015-8-686

AGYA SINGH Vs. STATE OF PUNJAB AND OTHERS

Decided On August 24, 2015
Agya Singh Appellant
V/S
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

(1.) The petitioners are father and mother of deceased Jai Pal Singh. Deceased Jai Pal Singh died on 28.3.2010 while working as a teacher in Government High School, Amarpur (Palwal), leaving behind his sons Zile Singh, Sunder and Ashok Kumar, whereas his wife had already died on 5.11.2008. In this background, since Zile Singh and Sunder were major as on the date of death of Jai Pal Singh, Master Ashok Kumar, who was the minor son, was granted monetary benefit due to the death of his father.

(2.) On 10.3.2011, Master Ashok Kumar died. Thereafter, petitioners, who were dependent on deceased Jai Pal Singh, approached certain authorities seeking for monetary maintenance stating that they were wholly dependent on the deceased government servant i.e. Jai Pal Singh. Their grievance was considered and Monthly Financial Assistance was sanctioned, vide order dated 14.3.2013 (Annexure P-6). Thereafter, on 30.9.2013, it was clarified that the petitioners do not fall under the definition of family pension, so as to grant pension or any other benefits. Aggrieved by the decision of the Accountant General office, this writ petition is filed.

(3.) Learned counsel for the petitioner stated that during pendency of the petition, the 2nd petitioner, wife of 1st petitioner died on 19.1.2015. The legal heirs of deceased Jai Pal Singh are his three sons and parents including the petitioner. Deceased Jai Pal Singh's wife passed away while he was in service. Zile Singh and Sunder are major sons and Ashok Kumar was a minor son and he died on 10.3.2011. Since the petitioner is the only dependent on deceased government servant Jai Pal Singh, he is entitled to monetary benefits as he was wholly dependent on him. To that extent, an affidavit was also filed.