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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Paramjit Kaur – Appellant
Versus
Punjab State Power Corporation Limited – Respondent
JUDGMENT :
HARPREET SINGH BRAR, J.
1. This common judgment shall dispose of all three of the above mentioned writ petitions as they pose an identical question of law.
2. The present writ petition(s) has been filed under Articles 226/227 of the Constitution of India seeking:
(i) CWP-2192-2024: Issuance of a writ in the nature of Certiorari for quashing the impugned order dated 27.12.2023 (Annexure P-4) passed by respondent No.2, whereby the claim of the petitioner for family pension, which had been discontinued w.e.f. March, 2022, was rejected. Further, issuance of a writ in the nature of Mandamus directing the respondent-department to release family pension to the petitioner.
(ii) CWP-30264-2018: Issuance of a writ in the nature of Certiorari for quashing order dated 18.05.2017 (Annexure P-6) passed by respondent No.4 vide which the request of the petitioner for restoration of her family pension was rejected without providing any reasons for the same. Further, issuance of a writ in the nature of Mandamus directing the respondents to start monthly family pension of the petitioner and, pay the arrears of the same w.e.f. 01.01.2017 with interest at the rate of 18% p.a.
(iii) CWP-5330-2022:
Unchallenged civil court declaration of legal wedlock binds employer-participant via estoppel and res judicata for family pension, overriding non-notification under pension rules.
Entitlement to family pension under rule 8.35(2)(b) of the Punjab Civil Service Rules despite remarriage and son's job.
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 divorced daughter is entitled to family pension if she was dependent on the deceased pensioner at the time of death, irrespective of the divorce being post-death.
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.
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.
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