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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUVIR SEHGAL
Chief Administrator, Haryana State Agricultural Marketing Board – Appellant
Versus
Kamlesh – Respondent
JUDGMENT :
Suvir Sehgal, J.
Appellants - defendants are in second appeal before this Court challenging the judgment and decree passed by the First Appellate Court.
2. Factual matrix leading to the filing of the appeal is that Ram Bhagat, husband of the respondent - plaintiff was appointed as Cattle Scarer in Market Committee, Hisar on 10.4.1980. After 15 years' of service, he tendered his resignation, which was accepted on 08.08.1995 and he unfortunately expired on 14.09.2004. Claiming that she is entitled to family pension on account of service rendered by her husband prior to resigning, respondent - plaintiff filed a suit for declaration.
3. Upon notice appellants - defendants contested the suit by taking various objections. The stand taken by the defendants was that as the deceased had resigned from service, plaintiff is not entitled to family pension as provided in Rule 4.19 (a) of Punjab Civil Service Rules, Volume II, as applicable to the State of Haryana. Plaintiff filed replication reasserting her claim. On the basis of the pleadings of the parties, the Trial Court framed issues. After the parties led evidence and were heard, Trial Court by judgment and decree dated 20.01.2010
Resignation from service results in forfeiture of past service, disqualifying the employee from pensionary benefits unless exceptions apply.
Resignation under CCS Pension Rules Rule 26 forfeits past service, barring pensionary benefits to employee or family despite service rendered; distinct from voluntary retirement; no retrospective app....
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....
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.
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