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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
| Table of Content |
|---|
| 1. petition seeks pension benefits for dependents. (Para 1 , 2) |
| 2. arguments presented by petitioners and respondents. (Para 3 , 4) |
| 3. analysis of marital relationship and dependency. (Para 5 , 6 , 7 , 8 , 9) |
| 4. legal perspectives on family pension and rights. (Para 10 , 11 , 13 , 14 , 15 , 16) |
| 5. entitlement of petitioners to retiral benefits affirmed. (Para 17 , 18) |
| 6. court orders full payment of pension benefits. (Para 19 , 20 , 21) |
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
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....
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....
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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