Gurmail Kaur vs State Of Punjab And Ors

Jagmohan Bansal, J

The petitioner through instant petition under Article 226 of the Constitution of India is seeking direction to official respondents not to release provident fund/gratuity or other benefits of Balwant Singh (deceased) to respondent No.5 and cancel her family pension.

Ms. Garima Arora, Advocate for Mr. Abhishek Khullar, Advocate has filed Power of Attorney on behalf of respondent No.5. The same is taken on record. Registry is directed to tag the same at an appropriate place.

The petitioner is mother of Balwant Singh who while serving with Punjab Police died on 20.12.2021. Balwant Singh had joined Police Department on compassionate ground. His father-Parkash Singh was serving in Punjab Police who died on 10.12.1997 while in service. Balwant Singh solemnized marriage with respondent No.5 as per Sikh rites. Three children were born from the said wedlock. On account of differences, Balwant Singh’s wife along with her children started staying separate. Balwant Singh allegedly filed affidavits with Department to the effect that his retiral benefits may be released to his mother after his death. The respondent released retiral/terminal benefits to respondent No.5-wife of Balwant Singh. The petitioner being mother of deceased employee is claiming that benefits should not be released to respondent No.5.

Learned State counsel submits that respondent No.5 has passed away. The terminal/retiral benefits of deceased employee were released in accordance with law. After death of respondent No.5, her children are entitled to pensionary benefits. The alleged affidavits were filed after death of aforesaid employee. These could not be proved, thus, Department in accordance with law released retiral benefits.

The respondent has already released benefits to respondent No.5 because she was legally wedded wife of deceased employee. There were three children of the couple. The children as per Punjab Police Rules, 1934 are also entitled to family pension as well as other retiral benefits. The petitioner on one hand filed civil suit and on the other filed present petition with intent to block retiral benefits of widow of deceased employee.

In the backdrop, this Court is of the considered opinion that no interference is warranted.

Dismissed.

Pending application(s), if any, stands disposed of.