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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Harsimran Singh Sethi, J.
Smt. Shanti Devi and another - Appellants - Appellant
Versus
Government of India and others - Respondents - Respondent
CM-3490-C of 2022 in/and RSA-3636 of 2003
Decided On : 23-01-2023
Pension Rules - Family Pension - Central Civil Services (Pension) Rules, 1972 - [RSA-3636-2003] - The court held 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 family pension in favor of the mother, in accordance with the settled principle of law established in previous cases. The judgments in Somwati's case and Anguri's case were cited to support this decision.
Fact of the Case:
The appellant-plaintiff, mother of the deceased employee, filed a civil suit claiming family pension after the death of her son, as the widow had re-married and relinquished her right to the family pension in favor of the appellant-plaintiff. The trial court and lower appellate court dismissed the claim based on the Central Civil Services (Pension) Rules, 1972.
Finding of the Court:
The court found that the appellant-plaintiff is entitled to family pension after the re-marriage of the widow and relinquishment of her right, in accordance with the settled principle of law established in previous cases.
Issues: The main issue was whether the relinquishment of the widow's right to claim pension in favor of the mother of the deceased employee was contrary to the Central Civil Services (Pension) Rules, 1972.
Ratio Decidendi: The court relied on previous cases where it was held 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 family pension in favor of the mother, in accordance with the settled principle of law.
Final Decision: The judgment of the trial court and lower appellate court was set aside, and the appellant-plaintiff was held entitled to the grant of family pension after the re-marriage of the widow with effect from the date of relinquishment of the right by the widow in favor of the appellant-plaintiff. The suit filed by the appellant-plaintiffs was decreed, and the appeal was allowed.
HARSIMRAN SINGH SETHI, J.
CM-3490-C-2022
1. Present application has been filed for fixing the RSA No. 3636 of 2003 for an early actual date of hearing.
2. Notice of the application to the counsel opposite.
3. Mr. Ramesh Chand Sharma, Advocate appears and accepts notice on behalf of respondents and raises no objection for the grant of prayer as raised in the present application.
4. Keeping in view the above, application is allowed and the RSA No. 3636 of 2003 is taken up for hearing today.
RSA-3636-2003
5. The present regular second appeal has been filed challenging the order dated 19.10.2002 passed by the trial court by which, the suit filed by the appellant-plaintiffs claiming the family pension in respect of the service rendered by her deceased son, Dharamvir Singh, has been dismissed on the ground that though, the parties have compromised their issue and the widow of Dharamvir Singh has relinquished her right qua the family pension but the said compromise cannot be taken into consideration being not in accordance with law. The appeal filed against the judgment of the trial court was also dismissed by the lower appellate court on 09.05.2003 holding that the compromise between the parties is not within the ambit of the Rules and Law and the Service Rule cannot be ignored for the convenience of the parties.
6. Certain facts need to be mentioned here so as to appreciate the controversy in the correct perspective.
7. The appellant-plaintiff no. 1 is the mother of deceased Dharamvir, who was employed with the Border Security Force as Constable. While invactive service and in a combat operation against the terrorists, Dharamvir laid down his life for the nation. After the death of Dharamvir, his widow Babli claimed the service benefits but as later on she married Sukhvir @ Billu, she relinquished her right in the family pension in favour of her mother-in-law i.e. the appellant-plaintiff No. 1.
8. On the basis of the said relinquishment of right to claim the family pension upon re-marriage of the widow, the appellant-plaintiffs filed a civil suit claiming the family pension after the death of their son keeping in view the fact that the widow of Dharamvir had re-married and there was no other claimant to claim the said family pension.
9. The trial court though recorded the said fact but mentioned that as per the rules governing the service i.e. Central Civil Services (Pension) Rules, 1972, the parents of the deceased are not entitled for family pension as the same is only admissible to the widow till her death or re-marriage, whichever is earlier. Even the appeal filed by the appellant-plaintiffs before the lower appellate court, wherein the judgment of the trial court was impugned, was dismissed on the same ground. Hence, the present regular second appeal.
10. Learned counsel for the appellant-plaintiffs submits that the wife has already re-married as far back as in June, 1998. For the last approximately 24 years, she is living her own life in her new matrimonial home and has already given in writing that she will not claim the benefit of family pension, which should be given to the mother of the deceased.
11. The question is whether, the said relinquishment of right to claim pension by the widow of the deceased in favour of the mother of the deceased employee is contrary to the settled principle of law or is against 1972 Rules governing the aspect of grant of family pension, is to be examined in the present regular second appeal.
12. In somewhat similar circumstances, one Somwati filed a writ petition being CWP No. 14472 of 2012 which was decided by a Co-ordinate Bench on 04.11.2014 holding that the Central Civil Services (Pension) Rules, 1972 do not get violated, once a widow re-marries and gives no objection for the grant of family pension to the mother of the deceased, who is Class-I heir and the mother of the deceased employee was held entitled to the family pension. The relevant paragraphs 6 to 10 of the said judgment are as under :-
“6. It
AI
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....
Unchallenged civil court declaration of legal wedlock binds employer-participant via estoppel and res judicata for family pension, overriding non-notification under pension rules.
Family pension claims cannot be contingent on a testamentary disposition; entitlement is based on recognized marital status and official dependency designations, without requiring succession certific....
A putative second wife, whose marriage to the deceased is void under the Hindu Marriage Act, is not entitled to family pension under the Pension Rules.
On death of legally wedded wife, who is not survived by any child eligible to receive pension, share of family pension to her stream would not lapse, but would be payable to eligible children from ot....
Pension is a protected right under Article 300-A of the Constitution; denial of family pension to a legally wedded second wife without due process violates principles of natural justice.
Family pension eligibility is determined strictly by birth order among dependents, not by relinquishment rights.
Pension benefits cannot be adjudicated through writ jurisdiction in the presence of competing marriage claims; a definitive legal spouse must be established in civil court settings.
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