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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANJEEV PRAKASH SHARMA, H. S. GREWAL
State of U.T. Chandigarh – Appellant
Versus
Poonam – Respondent
JUDGMENT :
Sanjeev Prakash Sharma, J.
1. The writ petition assails the order dated 27.11.2018 passed by the Central Administrative Tribunal allowing OA No. 060/1165/2017 filed by Poonam-respondent no.1 wherein she had challenged the order dated 08.05.2017 passed by petitioner no.2 rejecting her claim for family pension of her late father Surinder Pal.
2. Surinder Pal father of respondent no.1 retired on 30.06.1999 and his pension was sanctioned. He expired on 10.10.2014. His daughter, respondent No.1, applied for the grant of family pension, as she is specially-abled and the only surviving legal heir dependent on Surinder Pal, following the death of her mother on 19.08.2012. The family pension was not released. The petitioners demanded a disability certificate and legal heir certificate from respondent no.1 and also income certificate from the Sub-Divisional Magistrate. Respondent no.1 was further advised to collect the pension paper from the office of respondent no.3 and submit the same after completing the formalities. Respondent no.1 submitted application alongwith documents in the office of Sub-Divisional Magistrate, UT Chandigarh who rejected the claim of the applicant/respondent
The M.P. Civil Services (Pension) Rules do not provide for family pension to divorced daughters, and the petitioner failed to demonstrate unemployment or lack of income.
A married daughter cannot claim family pension under the Rajasthan Civil Services (Pension) Rules, 1996, if she was married at the time of her father's death.
The main legal point established in the judgment is that the entitlement of a widowed daughter to family pension under the CCS (Pension) Rules, 1972 is determined by the legislative intent and the po....
Family pension rights cannot be limited by bureaucratic delays and should commence from the date of entitlement, reaffirming constitutional protections under Article 21.
The court established that a divorced daughter is not entitled to family pension unless she demonstrates dependency on her deceased parent at the time of death and initiates divorce proceedings durin....
The right to receive family pension under statutory provisions is in the nature of property and cannot be denied without due process of law. Administrative actions affecting parties must adhere to pr....
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