Back
JAGMOHAN BANSAL
Surinder Kaur – Appellant
Versus
State of Punjab – Respondent
JAGMOHAN BANSAL, J.
1. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to respondents to release family pension to the petitioner.
2. On 05.08.1993, the husband of the petitioner was appointed as SPO by Punjab Police and later on was absorbed by the department. His services were regularized in 1995. On 07.02.2000, the husband of the petitioner passed away. The respondent-department granted family pension to the petitioner. The petitioner solemnized Kareva marriage with his brother-in-law (Devar) on 17.02.2002 and started staying with all other family members which included children from her earlier wedlock. On the request of the petitioner, the family pension was transferred in the name of son of the petitioner. The man with whom the petitioner solemnized second marriage also passed away on 02.10.2007 and petitioner requested the respondent-department to restore her family pension. The respondent-department denied family pension to the petitioner because she got re-married and stopped of her son because he got job.
3. A Division Bench of this Court in Smt. Balwant Kaur and Another v. State of Punjab and Another, decided
Entitlement to family pension under rule 8.35(2)(b) of the Punjab Civil Service Rules despite remarriage and son's job.
The main legal point established in the judgment is that the mother of the deceased employee is entitled to family pension after the re-marriage of the widow and relinquishment of her right to the fa....
The main legal point established in the judgment is the entitlement of the sole surviving widow to full family pension as per Rule 6.17, Volume-II of the Punjab Civil Services Rules, and the inapplic....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
