SUMEDA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Whether the grant of compassionate appointment to the widow of a deceased employee of the Patna Municipal Corporation would dis-entitled the minor son of the deceased employee from getting family pension as provided under the statutory rules? That is the short question that arises for consideration in this case.

(2.) Petitioner No. 1 is the widowed wife and petitioner No. 2 is the son of the Jagdish Prasad Yadav who worked as Sanitary Inspector in Patna Municipal Corporation, He died after rendering 31 years of service on 8.5.1992, while he was still in service, following the death of Jagdish Prasad Yadav, the Corporation gave appointment to his wife, petitioner No. 1 on compassionate grounds. Petitioner No. 2 who was a minor at the time of death of his father claims family pension under the provisions of the Patna Municipal Corporation (Officers and Servants) Pension Rules, 1986. On behalf of the Corporation, it is contended that having given employment to the widowed wife of the deceased employee, the Corporation had no more liability to the deceased or his heirs.

(3.) Rule 35 of the Pensions Rules provides for payment of family pension for a period of ten years to the 'family' of a Corporation employee who died while in service or after retirement after having put in atleast twenty years of Service. The proviso to the rule stipulates that the period of payment of family pension shall not exceed five years from the date on which the employee retired or would have retired in case of his death while in service. Rule 36 provides that Rs. 250/- would be the maximum monthly amount payable as family pension in case of an employee of the Corporation whose pay was Rs. 1,200/- and above. Rule 37 defines family and it is as follows :