PREM SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The husband of a Government servant dying in harness is entitled to family pension in terms of the Punjab Government Circular dated December 23, 2011 which has been adopted by the respondent-Punjab State Power Corporation Limited vide its Finance Circular No.06/2012 published vide memo dated March 12, 2012 enhancing family pension payable to the family of a Government employee dying while in service. The Punjab Government issued circular dated December 23, 2011 enhancing family pension during the first seven years from the date of death or till the Government employee attains the age of superannuation had he or she survived, whichever period is less, by 60% of the pay of the deceased up to Rs.10,000/- or 50% of the pay subject to a minimum of Rs.6,000/- if the pay was above Rs.10,000/- per month. After the period of first seven years is over the rate of enhanced family pension per mensem would stand reduced to 40% of the pay up to Rs.10,000/- and 30% subject to minimum of Rs.4,000/- per mensem if the pay is above Rs.10,000/-. This is the Punjab Government Scheme promulgated for the first time on December 21, 2009. Late Smt. Harjit Kaur, the petitioner's wife died on November 30, 2003. Her date of birth recorded in the service book is October 13, 1955. The scheme was amended by the Punjab Government vide letter dated July 25, 2011 which extended the period of 7 years to 10 years from the date of death etc., the ratio of family pension remaining the same as in the earlier circular. The scheme was further modified and the period of ten years extended to the first 15 years from the date of death vide letter dated December 23, 2011.

(2.) The petitioner staked his claim to enhance family pension in terms of the adopted scheme by the Corporation by serving a legal notice dated February 18, 2013 communicated to the Corporation. The prayer was for revised enhanced rates in terms of paragraph 2 of the circular dated December 23, 2011 adopted by the Corporation on March 12, 2012 with reference to paragraph 4 thereof.

(3.) In the notice, the petitioner referred to the memo dated June 13, 2012 (P-6), which was a clarification issued by the Indian Audit and Accounts Department office of the Accountant General (A&E), Punjab & UT Chandigarh. The clarification issued was as follows:-