JEET KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner in this case is the mother of constable Dilbag Singh (No. 27/627) who was working in PAP, 27th Bn., Jalandhar Cantt. and while on medical leave, died on 175.1988. By alleging that under the Family Pension Scheme, 1951 both the parents namely father and mother were included in the definition of Family and as such they were entitled to the grant of family pension. The definition was altered by the Family Pension Scheme of 1964 where father and mother of unmarried deceased government servants were excluded from the definition of 'family' for the purposes of family pension nor they were included in the definition of 'family' as per Rule 6.17 of the Punjab Civil Service Rules. By filing the instant petition she has claimed that being the mother of deceased son she is entitled to all the benefits including family pension.

(2.) The respondent-State has taken the stand that Accountant General, Punjab has vide letter dated 1.4.1992 (Annexure R.2) declined the recommendations made by the Commandant, 27th Bn. PAP Jalandhar Cantt. with the remarks that death not attributable to Govt. Service (sic) being death due to illness while he was on leave, his mother is not entitled for the family pension.

(3.) The only question which needs determination in the instant petition is as to whether the petitioner being mother of the deceased is covered by the definition of word 'family' as per the Family Pension Scheme of 1964. In that regard reference may first be made to sub-rule 3 of the Family Pension Scheme, 1964 incorporated in Rule 6.17 of the Punjab Civil Service Rules, Volume 11 and the same reads as under :