Jaswinder Kaur And Others vs State Of Punjab And Others

Jagmohan Bansal, J

The petitioners through instant petition under Articles 226/227 of the Constitution of India are seeking directions to respondents to decide pension case including family pension of deceased official in a time bound manner.

Petitioner No. 1 is wife and Nos.2 and 3 are children of deceased Gurmit Singh who retired from Punjab Police as Assistant Sub-Inspector on 30.06.2017. The petitioner solemnized marriage with the deceased official on 06.02.1995. He passed away on 25.01.2023. During his lifetime, he was not sanctioned retiral dues and his pension was stopped on 01.04.2019. She approached the respondent for release of family pension. Her case vide order dated 07.08.2025 was returned to respondent no. 2 with objections. She submitted reply to the objections along with supporting documents on 28.11.2025 but the matter is still pending with respondent No.2. She after death of her husband came to know about Will dated 30.11.2022 authored by the deceased disclosing factum of 1st marriage solemnized on 30.09.1989 and a son out of the said wedlock. Said marriage stands dissolved vide decree dated 19.05.2005 passed by learned District Judge, Chandigarh. She has submitted requisite documents still her case for family pension has not been processed.

Learned counsel for respondent No.4 submits that it is disputed before Civil Court whether petitioner No.1 was legally wedded wife of deceased employee or not. This question may not be adjudicated by this Court because it would adversely affect outcome of Civil Suits filed by both sides.

From the perusal of record, it is evident that respondent No.4 i.e. son of deceased employee has filed five Civil Suits against petitioner or general public & others. The petitioner has filed two Civil Suits against general public & others. The suits are relating to service benefits of deceased employee, validity of Will dated 30.11.2022, Succession Certificate etc. As per judgment and decree dated 07.12.2005 marriage between Gurmeet Singh and Manjit Kaur @ Baby was dissolved by mutual consent.

The petitioners are seeking direction to respondents to decide their family pension case in a time bound manner. The petition stands disposed of with a direction to respondents to examine petitioners’ claim as per applicable Service Rules and documents submitted by petitioners and respondent No.4. Let the needful be done within three months from today.

It is made clear that this Court has not expressed any opinion with respect to marital status of petitioner No.1. It would be appropriate for respondent to join both sides before taking any decision.