STATE OF PUNJAB Vs. VASDEV SINGH

JUDGEMENT

(1.) CHALLENGE in this Letters Patent Appeal is to the judgment, passed by the learned Single Judge, dated 13 December 2002, directing the State of Punjab to pay family pension to the respondent with effect from 1 January 1988, the date when the respondent 's son passed away.

(2.) THE respondent 's son Dr. Kulwinder Singh joined PCMS -I on 23 May 1982. His services were regularized with effect from 21 March 1983. Unfortunately, on 1 January 1988, he passed away. At the time of his death, he was unmarried and his parents were dependent upon him. His mother, however, passed away. His father, respondent herein, had no income of his own and was fully dependent upon his son and, therefore, applied for a dependency certificate. Vide letter, dated 27 June 1988, the Deputy Commissioner, Hoshiarpur, issued a dependency certificate. The respondent thereafter sought grant of family pension, as also death - cum - retirement gratuity. The aforementioned claims were kept pending for want of legal heir certificate.

(3.) THE State of Punjab opposed the respondent 's claim on the plea that the definition of family, as contained in Rule 6.71 Cl. (3) of the Punjab Services Rules Vol. II did not entitle the respondent to the grant of family pension. The gratuity was, however, paid to the respondent. The learned Single Judge, after a consideration of the respective stands, allowed the writ petition and directed the State of Punjab to pay family pension to the respondent with effect from 1 January 1988.