Parents of govt staff who died in service entitled to family pension: HC

In a judgment that will benefit all those who are being denied family pension on one pretext or the other,the Punjab and Haryana High Court has held that the parents of those government employees who died during service will be deemed to be dependent on the deceased employee during their lifetime if their income is not more than Rs 2,250 per month. Justice Vinod Kumar Sharma passed the judgment while allowing a petition filed by one Sewa Rani,a resident of Faridkot who had moved the High Court after the Punjab government withdrew the pension being given to her after the death of her son. Sewa Rani’s son was working as a constable with the General Reserve Engineer Force (GREF).

On the death of her son,the petitioner was released pension under the Family Pension Rules,1964,as in pursuance of the subsequent amendment in the Rules,parents who were completely dependent on the government servant when he or she was alive were eligible to pension,provided the deceased had not left behind spouse or children. On November 11,2003,the family pension of Sewa Rani was ordered to be stopped,on the ground that the petitioner was also getting family pension on account of the death of her husband,who was also a former employee of the GREF. The basis for this finding was that the income certificate produced by her to claim family pension mentioned that she was getting pension of her late husband.

Terming it to be an error,the petitioner filed a case to challenge the order to withdraw her pension. Arguing on behalf of Sewa Rani,advocate Arvind Kashyap said the reasons given for stopping the family pension did not exist as the petitioner’s husband was alive.

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The Union of India still contested Sewa Rani’s demand on the ground that her husband was still receiving a pension of Rs 1,000 and as such she was not dependent on her son when he was alive. Refusing to accept the contention of the counsel for Union of India,Justice Vinod Kumar Sharma held that the instructions issued by the Central government with regard to family pension were “in the nature of beneficial legislation and therefore have to be interpreted in the favour of the beneficiary”.

The court has set aside the orders of the Central government in which it had decided to stop the family pension and has directed the Centre to clear all arrears to the petitioner within three months.