Punjab & Haryana High Court: Family Pension Under Civil Services Rules Can't Be Denied To Specially Abled Daughter Even After Marriage

The Punjab and Haryana High Court has held that family pension cannot be denied to a specially-abled daughter even after her marriage, under the Punjab Civil Services Rules.

The Court was considering a Writ-Petition against an order passed by the Central Administrative Tribunal allowing the Respondent's Application against rejection of her claim for family pension of her late father.

The division bench of Justice Sanjeev Prakash Sharma and Justice H.S. Grewal held, ".....As per Clause 4 and the proviso thereto of Rule 6.17 of the Punjab Civil Services Rules, if the son or daughter of a government servant is suffering from any mental disorder or is physically crippled or disabled to the extent that he or she is unable to earn a livelihood, the family pension shall be admissible to him or her even after becoming otherwise ineligible for it, irrespective of marriage. Merely because she got married would make no difference."

The Petitioner was represented by Advocate Abhinav Sood, while the Respondent was represented by Advocate Veena Kumari.

Facts of the Case

Father of the Respondent retired in 1999 and his pension was sanctioned. He later expired in 2014 and his daughter applied for the grant of family pension, as she was specially abled and the only surviving legal heir dependent on him. The Respondent duly submitted application along with documents in the office of Sub-Divisional Magistrate, UT, Chandigarh who rejected the claim of the Applicant/ Respondent No.1 on the ground that the married daughter is not eligible for family pension as per Rule 6.17, Sub-rule (4), Clause V(b) of the Punjab Civil Service Rules, Volume-II.

It was submitted on part of the Respondent that the Income Certificate of the Applicant was not required for release of Family Pension and further, the Income Certificate was that of her husband and was issued relying on old Punjab Civil Service Rules. The CAT set aside the order with direction to reconsider the Claim of the Applicant on furnishing of fresh disability certificate, as it was objected that the disability certificate produced was in the name of her husband, who was 100% specially abled.

The Petitioners submitted that as per Rule 6.17 (IV) Explanation (2), the Respondent would not fall in the eligibility zone for receiving family pension as the monthly income limit was higher than ₹3,500/- plus dearness allowance. It was further submitted that the Respondent nowhere submitted her disability certificate and on that count also disability pension could not be released.

Reasoning By Court

The Court noted that the Respondent claimed the Pension as per instructions dated December 09, 2015 wherein it was stated that in case the daughter is suffering from any disability which prevents her from earning livelihood, she would continue to get family pension even after the age of 25 years, irrespective of her marriage.

"Thus, it is apparent that daughters, irrespective of their marriage upto the age of 25 years, would be entitled to family pension and those daughters, who were suffering from any disability, would continue to get family pension even after the age of 25 years, even if she has got married," the Court observed.

The Court was thus of the view that income of the husband is not to be counted for the purpose of grant of family pension daughter who is above 25 years of age. It also pointed out that the Respondent was merely a housewife having no source of income.

The Court also found the contention that the Petitioners had not submitted any document to be 'fallacious'. The Petition was accordingly dismissed.

Cause Title: State of U. T. Chandigarh and others vs. Poonam and others

Appearances:

Petitioner- Advocate Abhinav Sood, Advocate H. S. Jugait

Respondent- Advocate Veena Kumari

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