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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Abshekh Dutta – Appellant
Versus
Punjab State Power Corporation Ltd. – Respondent
JUDGMENT :
HARPREET SINGH BRAR, J.
1. The present petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of mandamus directing the respondents to disburse the remaining 50% of the retiral/pensionary benefits accrued to the deceased Rakesh Kumar, father of the petitioners, and all the consequential benefits including arrears and allowances as per Rules along with interest at the rate of 18% per annum.
FACTUAL BACKGROUND
2. Briefly, the facts are that Rakesh Kumar, father of the petitioners, was working as an Assistant Lineman (ALM) with the respondent-PSPCL. He died on 26.05.2013 and the petitioners are his only surviving legal heirs since the death of their mother (Rajni) and their grandmother (Vijay Rani) on 05.01.2023 and 07.03.2017, respectively. However, since the death of deceased employee, half of the pension amount and half of the gratuity amount have been withheld from his legal heirs citing that he had two families.
CONTENTIONS
3. Learned counsel for the petitioner, inter alia, contends that the deceased was married to one Meena, who had divorced him and remarried to one Raj Kumar, as discernible from her Aadhar Card
The right to pension as a vested entitlement necessitates recognition of only legitimate dependents for the disbursement of retiral benefits, irrespective of the existence of previous marital ties.
The court affirmed that a widow, despite her marriage being void due to the subsistence of the husband's first marriage, is entitled to compassionate appointment and benefits as the deceased's nomine....
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.
Point of la w: scheme of payment of pension in the order of priority to the members of the family is framed by the legislature keeping in mind the overall welfare of the family of deceased government....
Voluntary retirement acceptance precedes entitlement to family pension based on qualifying service; firm acknowledgment of the right to pension as a constitutional right.
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