HARYANA STATE ELECTRICITY BOARD versus SURASTI DEVI

Citation: [1995] SUPP. 6 S.C.R. 165 · Decided: 04-12-1995 · Supreme Court of India · Bench: K. RAMASWAMY, K.S. PARIPOORNAN · Disposal: Appeal(s) allowed

Judgment (excerpt)

HARYANA STATE ELECTRICITY BOARD 
v. 
SURASTI DEVI 
DECEMBER 4, 1995 
[K. RAMASWAMY AND K.S. PARIPOORNAN, JJ.] 
Seivice Law : 
Punjab Civil Seivices Rules (Vol. II) 
Rules 6, 17, 8, 35-f"amily Pension-Entitlement-Mother of a 
deceased employee-Held, Family Pension Scheme being covered by Chapter 
VJ, and mother having been excluded from persons eligible,· she becomes 
ineligible for family pension-"4pplication of r.8.35, in Chapter VIII, defining 
mother also as one of persons eligible for family pension, would be in relation 
to death due to wounds or other extra ordinary pensions. 
The present appeal was filed by the Haryana Electricity Board 
against the judgment of the High Court holding that in view of Rule 8.35 
of the Punjab Civil Services Rules, the respondent, mother of the deceased 
employee, was entitled to family pension. 
Allowing the appeal of the State Government in part, this Court 
HELD : 1.1. Family Pension Scheme is covered by Chapter VI of the 
Punjab Civil Services Rules, Vol. II. In view of the fact that the death of 
A 
B 
c 
D 
E 
the employee is not covered by Chapter VIII of the Rules, coming under 
special circumstances, the normal enumeration in Chapter VI gets at· F 
tracted. In consequence, the mother having been excluded from the per· 
sons eligible for family pension according to Chapter VI of the Rules, she 
becomes ineligible for family pension. [167-B, El 
1.2. It is true that Rule 8.35 of the Rules defines mother also as one G 
of the persons eligible for family pension. But it will be in relation to the 
death due to wounds or other extra ordinary pension. The extent of the 
applicability of the rules in Chapter VIII has been enumerated to different 
persons and Rule 8.35 enumerates that a family pension will take effect 
from the day following the death of the Government employee or from such 
date as the competent authority may decide and a family pension will H 
165 
166 
SUPREME COURT REPORTS [1995] SUPP. 6 S,C.R. 
A accordingly be tenable, in the case of a widow or mother until death or 
re-marriage wljichever occurs earlier. (167-C] 
B 
13. However, mother is certainly entitled to other claims whatever 
the deceased would have been entitled to, viz. G.P,F,, leave encashments 
etc. and the decree of the Courts below in that behalf is confirmed, (168-A] 
Smt. Bhagwanti v. Union of India, [1989] 4 SCC 397, Inapplicable • 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 11937 of 
1995. 
C 
From the Judgment and Order dated 23.3.95 of the Punjab in R.S.A. 
D 
E 
F 
No. 618/1995. 
K.K. Jain, Pramod Dayal, Ms. Ayesha Khatri and Ajay K. Jain, for 
the Appellant. 
A.O. Sikri, L.D. Adhiakha and Ms. Pipu Adhlakha for the Respon-
dents. 
The following Order of the Court was delivered : 
Leave granted. 
This appeal by special leave arises from the judgment and decree 
dated March 23, 1995 made in RSA No. 618/95 by the High Court of 
Punjab and Haryana. 
The only question is whether the mother of the deceased employee 
is entitled to the family pension. The High Court in its judgment had 
applied rule 8.35 of the Punjab Civil Services Rules and held that the 
mother is also a dependent. Consequently, she is entitled to the family 
pension. The only question, therefore, is whether Rule 8. 35 is applicable 
to the family pension and whether the mother is dependent. The Family 
G Pension Scheme was brought into force by statutory rules which was 
amended w.e.f. May 15, 1977. It would indicate that the provisions of these 
rules shall apply to a regular employee of the Punjab Government in a 
pensionable establishment on or after 1st July, 1964 to a Punjab Govern-
ment employee who was in service on June 30, 1964 and came to be 
H governed by the provisions of the Family Pension Scheme for the Govern-
H.S.E. BOARD v. SURASTI DEVI 
167 
ment employees. Rule 6.17 [3] defines "family'' for the purpose of this A 
Scheme to include the relatives of the Govermnent employee - [a] wife, in 
the case of a male Government employee and husband, in the case of a 
female Government employee; [b] a judicially separated wife or husba!ld; 
[ c] minor sons; and [ d] umnarried daughters below the age of of 21 years. 
Note 1 includes children adopted legally before retirement. Note 2 states B 
that a marriage after retirement will not be recognised for purpose of this 
Scheme. A reading thereof would clearly indicate that the Family Pension 
Scheme is covered by Chapter VI of the Punjab Civil Service Rules, Vol. 

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