BUTA SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) (Oral) - Mohinder Singh, the son of the petitioners was working as a chowkidar with the Punjab Mandi Board. He unfortunately died on 31.3.1995. The petitioners claim various benefits as admissible under the Rules to the family members. While the claim in respect of the gratuity, ex- gratia grant and General Provident Fund was accepted, the benefit of family pension was declined in view of the fact that parents of an unmarried person were not included in the definition of the family of a Civil servant. The petitioners represented. Having failed to persuade the authorities to grant them family pension, they have approached this Court through this writ petition. They pray for the issuance of a writ of mandamus directing the respondents to release the family pension w.e.f 1.4.95. They also claim interest.

(2.) A written statement has been filed by respondent 3 only. It has been pointed out that under rule 6.17(3) of the Punjab Civil Services Rules Volume II, the wife included "a judicially separated wife and husband". The sons and unmarried daughters upto the age of 25 years are included in the definition of family. The parents fall outside the provision, which provides for the grant of family pension. It has been further averred that in view of the decision of the High Court in LPA 640/90, the Punjab Government had issued notification dated 16.7.1998, by which the parents were included in the definition of family. The notification amending the definition was made effective from 1.1.96 only. Since the petitioners' son had died in March, 1995, they are not entitled to the benefit under the definition.

(3.) The learned counsel for the parties have been heard.