Nasib Kaur vs State of Punjab and Others

Mahesh Grover, J.—The petitioner prays that complete family pension be released to her. She is being paid half of the family pension after

the death of her husband on account of the provisions of Rule 6.17 of the Punjab Civil Service Rules, Vol. II, according to which a Government

employee who is survived by more than one widow would be paid pension in equal shares and on the death of the widow, the share would

become payable to her eligible minor child and in case the widow leaves behind no eligible minor child, the payment of her pension will cease. The

petitioner has averred that the first wife of her deceased husband had in fact pre-deceased her husband and, therefore, there was no question of

two surviving widows. When the claim for family pension arose on account of death of her husband, she was the only surviving widow and,

therefore, there was no occasion to decline her the complete pension.

The respondents have merely reiterated what has been indicated in Annexure P-5, which is the impugned order, i.e. that the deceased was

survived by two widows. They have further stated in the reply that the petitioner did not furnish any such material to the respondents which would

have indicated that the first wife pre-deceased her husband.

After hearing the learned counsel for the respondents and perusing the material on record, I am of the view that the petitioner has been

unjustifiably deprived of the benefit of family pension.

In fact it is an irony of fate that this petition has remained pending in this Court for 13 years. This matter could have easily been resolved by the

petitioner by submitting requisite information to the respondents, which could have indicated that the first wife is pre-deceased her husband and in

fact the respondents themselves should have got this information by interacting with the petitioner.

This has in fact resulted in a very unhappy situation where the petitioner, who is an old lady as is indicated from some material on record wherein

an application for early hearing was filed on the ground that the petitioner is an old lady of 77 years and deserves the relief to be granted

immediately.

Considering the facts in their totality, I am of the view that the specific averment of the petitioner regarding the first wife having predeceased her

husband should be accepted. The petitioner would be entitled to complete family pension if she would furnish an affidavit to the respondents that

she is the sole surviving widow and there is no other claimant.

The petition is allowed in the aforesaid terms and the petitioner is held entitled to the complete family pension, which benefits shall be released to

her as expeditiously as possible, preferably within a period of two months from the date of receipt of certified copy of the order. Since there is no

representation on behalf of the petitioner, copy of the order is directed to be despatched to the petitioner. The office is directed to do the needful.

The petitioner shall also be entitled to interest at the rate of 7% on the arrears which may have accumulated by now from the date when they

became due till the date of payment.