PULKIT SAINI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is son of a government employee, who died while in service. Family pension was sanctioned in favour of petitioner, vide Annexure A - 1, issued by Senior Deputy Accountant General (A&E), Himachal Pradesh. Order authorizing family pension, in favour of the petitioner, said that he will be entitled to pension upto the age of 25 years. Date of birth of the petitioner is 11.5.1984 and, thus, as per pension authority letter, Annexure A - 1, he was to continue to get family pension upto May, 2009. Petitioner was given government job on compassionate ground, because of the death of his mother in the year 2002. Thereafter District Treasury Officer stopped paying family pension to him. Representation was made to Deputy Accountant General, by the petitioner, against the act of stoppage of pension. Petitioner was informed, vide Annexure A - 11, that his pension had rightly been stopped in view of the instructions of Himachal Pradesh Government, Finance Department, contained in OM No. Fin(Pen)A(3) - 1/96 - Part - I dated 31.8.1998. Petitioner has challenged the action of stoppage of family pension, by means of present petition, which was initially filed in the form of Original Application before the erstwhile H.P. State Administrative Tribunal, and on abolition of that Tribunal, the matter has come to his Court.

(2.) Respondents, in their reply, have stated that because of instructions issued by the Finance Department, vide aforesaid communication dated 31.8.1998, petitioner having been appointed to a government job, has started earning and his earnings being more than Rs. 2620/ - , per mensem, he is not entitled to family pension.

(3.) I have heard learned Counsel for the petitioner as also learned Assistant Advocate General.