JUDGMENT :

Ajay Mohan Goel, J.

Brief facts necessary for the adjudication of this petition are as under:-

2. The husband of the petitioner after, his discharge from Indian Army, joined the respondent-Board initially on daily wage basis and thereafter on regular basis as a Beldar-cum-Chowkidar. After, regularization of his services, he superannuated from the service of the respondent-Board on 31.05.2001. After his discharge from the Indian Army, late husband of the petitioner was getting regular pension from the Army while he was in the service of the respondent-Board. After his superannuation from the respondent-Board, he continued to receive his pension from the Army also as well from the respondents-Board.

3. The husband of the petitioner died on 22.03.2008. The grievance of the petitioner is that after the death of her husband, family pension has not been paid to her by the respondent on the ground that the petitioner is entitled to receive only one family pension and as she was receiving the family pension from Indian Army, therefore, she was not entitled for family pension from the respondent-Board.

4. For completion of facts, it is necessary to mention that in the interregnum, the Government of Punjab took a decision to release family pension in favour of the successors-in-interest of those Ex-servicemen, who after their discharge from army were engaged with the Government of Punjab. This is evident from Annexure R-1/T, English translation whereof is available on record as Annexure R-1/T dated 23.06.2016, which reads as under:-

“Defense Service Welfare Department

Defense Service Welfare Branch

Notification

Date 23rd June 2016

No:5/1/13-2RBH/780838-In reference to the meeting of the Cabinet held on 23.05.20 16 and the decision taken. The Governor of the state of Punjab, is pleased to convey his approval for implementation in the state of Punjab, that the widows of those ex-servicemen, who were re- employed in various other govt. department and are receiving family pension from the Govt. of India, will now be entitled to receive two pension's, on the basis of the govt. of India, ministry of defence

Notification No: 01(05)/2010D(Pen/Policy),dated 17th January 2013, on the condition that the family pensioner shall not be entitled to receive more than two pensions and any other type of pension.

2. Necessary approval for this twin pension has been approved by the Department of Finance ( Finance Pension policy and Coordination Branch) through its demi official letter no:3/4/13-3VIPPT/695601/1, dated 24t Feb 2016.

3. This approval has been issued by cabinet through general rule managerial branch (Cabinet Affairs Branch) Demi official letter no: 1/37/2016-1cabinet/2185, dated 25th May 2016.

4. This order shall come into force from the date of the issue of the notification.

Chandigarh

Date 18.06.2016

K.J.S. Cheema, I.A.S.

Secretary, Govt. of Punjab,

Defence service Welfare deptt.”

This notification was subsequently adopted by the respondent-Board in terms of Annexure R-3, which reads as under:-

“Sub:- Regarding grant of dual family

pension from Military as well as

Civil Employment.

Punjab Govt. Defence Services Welfare Department Notification No.5/1/13-2DW/780838 dated 23.06.2016 (copy enclosed) is hereby adopted in BBMB in toto.

This issues with the approval of Chairman, Bhakra Beas Management Board.”

Thereafter, the family pension is being paid to the petitioner by the respondent-Board and qua this there is no dispute. In other words, as after the adoption of the Punjab Government Defence Services Welfare Department Notification by the respondent -Board vide Annexure R-3, the petitioner is receiving dual family pension i.e. family pension from Indian Army as well as from the respondent-Board.

5. Therefore, as of now, the only moot issue which this Court has to adjudicate is whether the petitioner is entitled for the receipt of the family pension from the respondent-Board, in addition to the family pension, she has received for this period from the Indian