Dependant Parents Entitled To Family Pension After Wife & Children Of Deceased Lose Eligibility: Punjab & Haryana High Court

The bench comprising Justice Harsimran Singh Sethi while allowing the petition held that the widow initially is entitled to the family pension, after she becomes ineligible the children will be entitled and when children become ineligible, the dependant parents will be granted the same subject to fulfillment of other eligibility criteria.

In case the family pension is to be extended by the Department so that the dependent of the deceased are supported and do not suffer from financial hardships, then though it is correct that the widow initially is entitled for the grant of family pension to the exclusion of the others, thereafter, in case the widow becomes ineligible, the children will be entitled for the grant of family pension in exclusion of the others, but when the children also become ineligible for the said benefit, then in case the parents are still alive, who were also dependent upon the deceased and fulfil the other eligibility criteria required for the grant of family pension,….

Court further added that the dependent parent's claim for a family pension cannot be ignored only because the deceased is survived by his widow or children.

…..their case for the grant of family pension cannot be ignored merely on the ground that the deceased had left behind a widow or the children at the time of death.

The case came up as a result of a petition filed by the mother of the deceased for the grant of family pension. The petitioner being a widow was dependent on her deceased son who was employed with the Punjab Armed Police (respondent No.2). The deceased along with his son died in an accident and was survived by his wife. Thereafter, his wife was found eligible for the grant of family pension as per the rules governing his service. According to the said rules, if widow re-marries, she loses her right to family pension, and in the present case, she did re-marry in 2008.

The petitioner being the sole survivor of the family and claimant for the grant of family pension was denied the same stating that the rules governing the service of the deceased do not allow the grant of family pension to the mother if already extended to the widow.

After considering rival submissions of both the parties, the court held that the family pension is to be allowed to the dependent to mitigate the financial hardships of the family.

The family pension is to be allowed to the dependent so as to mitigate the financial hardships of the family. The rules governing the service of the deceased are to be adhered to while examining the eligibility/entitlement of the family left behind by the deceased.

Considering the facts and circumstances of the present case, court observed that the bare perusal of rules governing the service of the deceased shows that initially the widow of the deceased is entitled to the grant of family pension, and she becomes dis-entitled if she remarries. Thereafter, the children become entitled but up to a certain age.

With regard to extending the benefit of family pension to parents, the court held that dependent parents are also entitled to the same but only when it has not been extended to the widow or the children of the deceased.

Rejecting the contention of the respondents that the entitlement of the parents is to be seen immediately after the death of the deceased, and not thereafter, the court held that such interpretation does not achieve the purpose for which the family pension is to be extended.

The entitlement for the grant of family pension to the dependent parents needs to be seen after the widow or the children loose their eligibility for the grant of the said benefit also.

Court further concluded that after the remarriage of the widow of the deceased, the petitioner became the sole claimant of the family pension and under the rules, parents are entitled to such benefit.

Correct interpretation of the rule is that parents cannot be granted the family pension to the exclusion of the widow or the children of the deceased employee. The rule governing the service of the deceased regarding the grant of family pension is being interpreted in an unsustainable manner by the respondents.

Therefore, in the light of the reasons discussed above, the widowed mother is entitled for the grant of the family pension from the date of remarriage of the wife of the deceased.

Case Title : Swaran Kaur v. State of Punjab and others

Citation: 2022 LiveLaw (PH) 80

Click Here To Read/Download Order