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2020 DIGILAW 87 (HP)

Jamna Devi v. Executive Director Personnel Hpseb

2020-01-07

SURESHWAR THAKUR

body2020
JUDGMENT Sureshwar Thakur, J. - One Salig Ram, died in harness, on 27.4.1982. He was survived by his widow, 2 minor children, and, the petitioner. Consequent to the demise, of, the afore deceased pensioner, his, surviving widow, one Maya Thakur, was granted family pension, and, the afore pension was granted to her, upto, 6.2.1985. The afore made dis-continuation, of the afore initially granted pensionary benefits, vis--vis, the surviving widow, of, the deceased petitioner, became sparked, from, hers' getting re-married. Subsequent thereto, the elder son, of, the deceased petitioner, one Rakesh Thakur, was granted family pension, w.e.f. 7.2.1985, and, after his appointment, in, government service, the afore grant, was, stopped, and thereafter, the apposite family pension, became accorded, vis--vis, one Rekha Thakur, the daughter of deceased pensioner, and, thereafter the afore made order, rather upon, hers' entering into a wedlock, was ordered, to discontinue, Though, subsequent thereto, the respondents-concerned, made an order, comprised, in, Annexure A-7, where through, they made directions, for family pension, being released to the applicant, however, the afore order, borne in Annexure A-7, became rescinded, through an order, embodied in Annexure A-8. The order embodied in Annexure A-8, becomes challenged, at the instance, of, the petitioner. The relevant rule, borne in the CCS pension Rules, is, extracted hereinafter: "3. It is hereby clarified that in case the deceased Governments servant is not survived by a widow, widower or a child, the dependant parents become directly eligible to receive family pension. In case where a deceased Government servant is survived by a widow/widower or a child, and the position changes subsequently because of death or remarriage of the spouse and/or death or ineligibility of child/children, including a disabled child, the dependant parents become eligible for family pension. However, in terms of this Department's O.M. No. 38/37/08-P & PW (A), dated 2.9.2008, a childless widow, subject to dependency criteria, is, entitled to the family pension even after her re-marriage. In such an event, the parents of the deceased employee become entitled to the family pension only after the childless widow dies or when her independent income from all other sources becomes equal to or higher than that prescribed for dependency criterion under the Rules. In such an event, the parents of the deceased employee become entitled to the family pension only after the childless widow dies or when her independent income from all other sources becomes equal to or higher than that prescribed for dependency criterion under the Rules. And though, all the afore grant(s), of, family pension, as respectively made vis--vis, the surviving widow, of, the deceased pensioner, and thereafter, upon hers' getting re-married, vis--vis, one Rakesh Thakur, and, upon the latters' entering into government service, vis--vis, one Rekha Thakur, and, where-after, given the latter, hence rather marrying, do render, makings, of, initial order(s), of, grant, of, pension, qua all aforesaid, to, constitute their entitlement(s), vis--vis, family pension, emphatically given, theirs falling within, the, ambit, of, the herebefore, extracted apposite rules, as becomes embodied, in, the CCS pension Rules. 2. Be that as it may, the respondents concerned, dehors, theirs making the afore initial order, vis--vis, the petitioner yet they, untenably rescinded, the order, embodied, in, Annexure P-7, through, theirs' subsequently, making an order, embodied in Annexure P-8, and, the reason(s), for making the afore conclusion, (a) arises, from the respondents concerned, making a gross misinterpretation(s), vis--vis, the entitlement(s), of, the applicant(s), inasmuch as (b) despite the apposite rules, carrying clear, and, explicit statutory enshrinement(s), comprised in, after the apt emergence(s), of, ineligibilities, of, the widow or of a child, qua theirs respectively declared hence initial entitlement(s), to, family pension, and, as may become sparked (c) from, the marriage, of, the widow of the deceased, and, from, the appointment, in, government service, of, the son of the deceased pensioner, both afore disabling events, did evidently occur heareat, or upon the disabling event, of, marriage, of, the daughter, of, the deceased pensioner, rather occurring, disabling event whereof, has also evidently occurred hereat (d) whereupon, the apposite rules, rather prescribe, inasmuch as, upon, occurrence(s), of, the afore disabling contingencies, hence the apposite dependant parents, rather becoming eligible, for grant, of, family pension. Since the petitioner, has not been demonstrated to be not dependant, upon, the deceased, inasmuch as, hers' drawing, any independent income, thereupon she is to be construed to be vicariously dependant, upon, the pensionary benefits, vis--vis, her afore deceased son, one Salig Ram, (e) moreso when, for ensuring qua hers not being made dependant, upon, the income of her grand son or , of, other relatives, the statute, in its wisdom, has, merely upon occurrence, of, the afore disabling contingencies, contingencies whereof, for, the afore reasons, do emerge hereat, hence, declared hers' becoming entitled, vis--vis, the pensionary benefits, vis--vis, her deceased pensioner son, wherefrom, she became entitled, to, the claimed relief. 3. Consequently, the petition is allowed and the impugned order, of, 19.3.2019, as, borne in Annexure P-8, is, quashed and set aside. Also the pending application(s), if any, are also disposed of. No costs.