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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Vivek Singh Thakur, J.
Akhil Kaushik - Appellant
Versus
State of Himachal Pradesh - Respondent
Civil Write Petition (Oa) No. 856 of 2019
Decided On : 08-10-2020
Pensionary Benefits - Family Pension Entitlement - Interpretation of Rule 54 of CCS (Pension) Rules
Fact of the Case:
The petitioner, claiming right to pensionary and ancillary benefits as the son of the deceased employee, sought entitlement to pension on the ground of being the son of the deceased's second wife.
Finding of the Court:
The court found that the family pension was being disbursed to the legally wedded wife of the deceased employee, as per the instructions received from the Director Ayurveda, Himachal Pradesh. The court held that the stage of devolving pensionary rights upon the child had not yet ripened as the first legally wedded wife, the widow of the deceased, was still alive.
Issues: The main issue was the entitlement of the petitioner for pensionary benefits after the death of the widow receiving pension.
Ratio Decidendi: The court interpreted Rule 54 (8) of CCS (Pension) Rules, 1972, which provides that family pension shall not be payable to more than one member of the family at the same time. It was held that the petitioner's entitlement to pensionary benefits had not yet accrued as the first legally wedded wife was still alive.
Final Decision: The petition was dismissed for having no merit with respect to the claim of the petitioner at this stage, with the court leaving all questions open for the petitioner's entitlement to claim pensionary benefits in the future, in accordance with the law.
JUDGMENT
Vivek Singh Thakur, J. - Petitioner herein is claiming right of pensionary and ancillary benefits in his favour, on account of death of his father Dr.Arvind Kant Kaushik, on the ground that he is son of second wife of deceased employee and uptill the age of 25 years, he is entitled for pensionary benefits on account of death of his father.
2. Learned Deputy Advocate General has placed on record instructions dated 15.09.2020, received from the Director Ayurveda, Himachal Pradesh, wherein it is stated that as per information given by deceased Dr.Arvind Kant Kaushik, with respect to his family, after his death, pension is being disbursed to his legally wedded wife Sunita Kaushik and she is drawing such family pension.
3. Undoubtedly, children may be entitled for pensionary benefits, but only in accordance with Rule 54 (8) of CCS (Pension) Rules, 1972, wherein it is provided that family pension shall not be payable to more than one member of the family at the same time and in case deceased/pensioner leaves behind a widow or widower, the family pension shall become payable to the widow or widower, failing which to the eligible child.
4. In present case, first legally wedded wife is alive as a widow of deceased Government servant/pensioner and, therefore, stage of devolving pensionary rights upon the child/children has not ripen yet.
5. Undoubtedly, family pension is also admissible to the children from void and voidable marriage, however, their right shall accrue in accordance with provisions of Rule 54 of CCS (Pension) Rules, only after death of legally wedded spouse.
6. In view of above, keeping all questions open, with respect to entitlement of the petitioner for the pensionary benefits after death of the widow getting pension, present petition is dismissed for having no merit with respect to claim of the petitioner at this stage.
7. Needless to say, in case any right accrues in favour of the petitioner, in future, he shall be entitled to claim the same, in accordance with law. Pending application(s), if any, also stand disposed of.
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