KAMLESH MAMGAIN Vs. H.P.S.E.B.

JUDGEMENT

(1.) PETITIONER is one of the two wives of Dinesh Mamgain, who was an employee of the State Electricity Board and on account of whose death, family pension is payable to his family members. Said Dinesh Mamgain had a daughter from a pre -deceased wife. She has been impleaded as respondent No.3, in the present petition. When family pension was sanctioned, initially, respondent No.3 Jaya Mamgain was less than 25 years of age and so 50% of the family pension was made payable to her and the remaining 50% to the present petitioner. It was by virtue of the provision of Rule 54(7)(b) of the CCS Pension Rules. Respondent No.3 attained the age of 25 years on 21st February, 2007 and because of that she ceased to be eligible to receive pension, in view of the provision of Rule 54(6)(iii) of the CCS Pension Rules. Her share of pension was made payable to the petitioner, she being the only eligible surviving widow of the deceased.

(2.) ON 22nd December, 2009, order copy Annexure P -4 was issued by respondent No.2 that full pension, authorized in favour of the petitioner, be not released. Petitioner made representation, on 7th January, 2010, copy Annexure P -5. She was informed vide Annexure P -6, which is dated 16th March, 2010, that clarification is being sought from the Competent Authority. Thereafter, representation dated 8th April, 2010, copy Annexure P -7, was made by the petitioner, for payment of full pension to her. No action had been taken till the petitioner filed the present petition, seeking issuance of a direction to the respondents to restore full pension to her, including the share of respondent No.3.

(3.) I have heard learned counsel for the parties and perused the record, as also the relevant Rules.