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CWP-14692-2026 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

123

CWP-14692-2026 (O&M)

Date of decision: 12.05.2026

Kiranjit Kaur and another

....Petitioners

Versus

State of Punjab and others

....Respondents

CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present: Mr. Sandeep Thakan, Advocate

with Mr. D.S. Maan, Advocate

for the petitioners.

Mr. Vikas Sonak, AAG, Punjab.

Ms. Jyotnoor Kaur Sethi, Advocate

for respondents No.2 and 3.

HARPREET SINGH BRAR J. (Oral)

1. Prayer in this writ petition filed under Articles 226/227 of

the Constitution of India, is for issuance of a writ in the nature of

mandamus, directing the respondents to transfer the pension from

petitioner No.1 to petitioner No.2 on account of the request submitted

by the petitioners.

2. Learned counsel for the petitioners, inter alia, contends that

the husband of petitioner No.1 was appointed as Peon on 21.06.2001

and he died in harness on 14.12.2013, as is evident from the Death

Certificate (Annexure P-1). He further submits that the petitioners,

being the widow (petitioner No.1) and the minor daughter (petitioner

No. 2), born on 10.10.2013 (Annexure P-4), are the only surviving

MOHD YAKUB

2026.05.12 17:33

I attest to the accuracy and authenticity of

this document

Punjab & Haryana High Court,

Chandigarh.

CWP-14692-2026 2

family members of the deceased employee. He further contends that

owing to the inordinate delay on the part of the respondents in releasing

the service benefits of deceased employee, the petitioner No.1 was

constrained to approach this Court by way of filing CWP No.5022 of

2021, which was disposed of vide order dated 03.03.2021 (Annexure P-

2), and in compliance thereof, the pensionary benefits were released in

favour of petitioner No. 1 vide Pension Payment Order (PPO) dated

14.06.2021 (Annexure P-3). Learned counsel for the petitioners further

submits that since petitioner No.1 now intends to remarry she has

voluntarily moved an application dated 17.12.2025 (Annexure P-5)

seeking transfer of the family pension in favour of her minor daughter

i.e. petitioner No.2, who is admittedly an eligible family member in

terms of the Family Pension Scheme (Annexure P-6), which expressly

recognizes unmarried daughters up to the age of 25 years as eligible

recipients of family pension. He further contends that despite serving a

legal notice dated 11.03.2026 (Annexure P-7), the respondents have

failed to take any action in the matter. Lastly, he submits that the issue

involved is no longer res integra, as an identical controversy has already

been adjudicated by this Court in CWP No.4835 of 2025, decided on

20.02.2025 (Annexure P-8), wherein it has been categorically held that

an eligible family member is entitled to receive family pension and

therefore, the petitioners are entitled to similar relief.

3. Ms. Jyotnoor Kaur Sethi, Advocate, has put in appearance

on behalf of respondents No.2 and 3 and filed Memo of Appearance,

MOHD YAKUB

2026.05.12 17:33

I attest to the accuracy and authenticity of

this document

Punjab & Haryana High Court,

Chandigarh.

CWP-14692-2026 3

which is taken on record. The Registry is directed to tag the same at

appropriate place.

4. Per contra, learned counsel for respondents No.2 and 3

submits that petitioner No.1 has not yet been remarried, however, her

claim would be considered as and when she submit the proof of her re-

marriage and the family pension would be transferred in the name of

petitioner No.2 within a period of six weeks thereafter.

5. In response thereto, learned counsel for the petitioners

submits that he is satisfied with the stand taken by learned counsel for

respondents No.2 and 3 and contends that the present petition may be

disposed of accordingly.

6. In the wake of the statement made by learned counsel for

respondents No.2 and 3, the present petition is disposed of and the

respondent/Corporation is directed to consider and decide the claim of

the petitioners as and when petitioner No.1 furnishes the proof of her

re-marriage and thereafter, pass appropriate