Shivani Thakur
Published on: April 21, 2022 at 21:24 IST
The Punjab and Haryana High Court stated in a Landmark Decision that Parents of Deceased Government Employees cannot be denied Family Pensions solely because the Deceased left behind a widow or children.
The High Court clearly said that the Punjab Government is refusing to give Parental Pension by Misinterpreting the Rules in this Case.
The Punjab Government argued that once the Pension is paid to the Widow of the Deceased employee, and the widow remarries, her Pension is Terminated, and that the Pension cannot be passed on to her parents.
The Court observed that Government Misinterpreted the goal of the family pension, which is to protect the Deceased’s Dependents from Financial Hardship.
This order has been passed by Justice Harsimran Singh Sethi while hearing the petition of Jalandhar resident Swaran Kaur.
The Petitioner’s son was worked for Punjab Police. He was killed in car accident in 2006. Following this, the Government determined that his widow was Eligible for a Family Pension.
According to the rule if the widow remarries, she will lose her right to a family pension.
Satnam Singh’s widow remarries in 2008 and after that Petitioner applied for the Family Pension but Government denied the claim. The Government stated that the widow had already received the Family Pension.
The High Court rejected the Government’s Argument, stating that it is an incorrect Interpretation of the Rules.
The Court ordered the Government to pay the Petitioner Woman’s Benefits and back Taxes from December 2008 within two months.
