Court rules that family pension is an estate of legal heirs, orders release of 100% family pension to widow after cessation of eligibility of other heirs.
In a significant ruling, the Punjab and Haryana High Court has directed the Punjab State Power Corporation Ltd. to release 100% family pension to Vidya Vati, the widow of a deceased government employee, after her stepson ceased to be eligible. The judgment, delivered by Mr. Justice Harpreet Singh Brar, underscored that family pension is an estate of the deceased employee's legal heirs and cannot be withheld by the State under administrative rules.
The case stemmed from Vidya Vati’s petition for the release of her full family pension after her stepson, from her late husband's first marriage, turned 25 and thus became ineligible for pension benefits. The court found that the State’s action of withholding 50% of the pension was arbitrary and contrary to the objective of the Family Pension Scheme, which is to secure the financial welfare of the deceased's family.
Justice Brar emphasized that upon cessation of eligibility of other heirs, the widow, being the sole eligible heir, is entitled to receive the entire family pension. The judgment referenced previous decisions that supported this view, particularly citing the case of Harpal Kaur v. State of Punjab, which established that the State cannot retain a portion of the pension once an heir becomes ineligible. The court ruled that the State's interpretation of the Punjab Civil Services Rules was erroneous, as it allowed for the misappropriation of pension funds meant for the deceased's family.
The court ordered the State to release the withheld portion of the pension from May 1, 2019, the date when the stepson ceased to be eligible, along with arrears and interest. This decision is expected to have significant implications for similar cases where family pension distribution is contested based on eligibility.
Bottom Line:
Family pension is an estate of legal heirs of the deceased government employee, and the State cannot withhold or retain any portion of the family pension under the guise of administrative rules. The widow of a deceased government employee is entitled to 100% family pension when she is the sole eligible heir after cessation of eligibility of other heirs.
Statutory provision(s): Punjab Civil Services Rules (CSR), Vol. II, Rule 6.17(4).
Vidya Vati v. Punjab State Power Corporation Ltd, (Punjab And Haryana) : Law Finder Doc Id # 2836317
