LexPUNJAB STATE ELECTRICITY BOARD AND ORS. versus RAM RAKHI
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PUNJAB STATE ELECTRICITY BOARD AND ORS. v. RAM RAKHI JULY 28, 2000 [S. RAJENDRA BABU AND SHIVARAJ V. PATIL, JJ.) Punjab Civil Services Rules, Vol. II, 1960 Edn., Rule 6.16-D(l) Expla- nation and Rule 6.16-B(l)(a). Family Pension-Widowed sister-Entitlement to-Held : Explanation to R.6. 16-D( 1) included widowed sister-Hence, she is entitled to claim family pension. A B c Family Pension-Widowed sister-Entitlement to-Eligibility condi- tions:__Held : Widowed sister must establish that there is no nomination in respect of any other person and that she is dependent on the deceased D employee in order to claim family pension. Punjab Civil Service Rules, Vol. II, 1960 Edn., Rule 6.16-D( I) Explanation. Words and Phrases : "Family"-Meaning of-In the context of Explanation to Rule 6.16- D(l) of the Punjab Civil Services Rules, Vol. II, 1960 Edn. The respondent was the widowed sister of one D, who was working in the appellant's establishment at the time of his death. The respondent E filed a suit seeking mandatory injunction to the appellant to pay family pension. The trial Court decreed the suit and the High Court, in second F appeal, held that the widowed sister was a member of the family of the deceased and, therefore, entitled to family pension. Hence this appeal. Allowing the appeal in part, this Court HELD : 1. Explanation to Rule 6.16-D(l) of the Punjab Civil G Services Rules, Vol. II, 1960 Edn. defines a Family' which includes a widowed sister. Therefore, a widowed sister does become a member of the family of the deceased employee who could claim family pension under the Rules. [3-E] Jasohdhan Devi v. State of Punjab, (1989) 6 SLR 664, referred to. H I 2 SUPREME COURT REPORTS [2000] SUPP. 2 S.C.R. A 2. However, in order to become entitled to claim family pension, the B conditions specified in Chapter VI, sub-heading : 'Family Pensions', have to be fulfilled. The widowed sister must establish that there was no nomination in respect of any other person and that she was dependent on the deceased employee at the time of his death. The matter is remitted to the trial Court to determine the question as to whether the respondent was dependent on the deceased employee. [3-G, 4-D] CIVIL APPELLATE JURISDICTION : Civil Appeal No. 4278 of 2000. From the Judgment and Order dated 13.10.97 of the Punjab and Haryana _ '· C High Court in R.S.A. No. 937 of 1997. D E F Harinder Mohan Singh, A.P. Chhabra and M.S. Bakshi for the Appel- lants. S.K. Bagga, Seeraj Bagga and Ms. Sureshta Bagga for the Respondent. The Judgment of the Court was delivered by RAJENDRA BABU, J. Leave granted. Respondent filed a suit seeking a mandatory injunction to the appellants to sanction and pay family pension, G.P.F., Death-cum-Retirement Gratuity, ex-gratia grant and leave encashment etc. Her case is that she is the widowed sister of Shri Dalip Chand, who was working as a Lineman in the appellant's establishment at the time of his death. The suit was resisted by the appellant and it is contended that deceased Dalip Chand did not nominate any person to be paid the family pension or G.P.F. nor any member of his family was dependent on Dalip Chand for payment of family pension. The trial Court decreed the suit in respect of various claims made by the respondent. The matter was carried in appeal unsuccessfully. In the second appeal in the High Court it was noticed that the matter is covered by the decision in Jasohdhan Devi v. State of Punjab and Anr, (1989) 6 S.L.R. 664 and therefore no G interference is called for as the widowed sister is recognized as member of the family entitled to family pension. The contention put forth before this Court is that the respondent is not a member of the family as per the new pension rules which came into force in 1964 under which only spouse and children of the deceased employee will H constitute members of the family. In addition it is contended that even if the -· ... PUNJAB STATE ELECTRICITY BOARD v. RAM RAKHI [RAJENDRA BABU, J.) 3 respondent is a member of the family under the old rules, in which an A unmarried widowed sister is included in the definition of family, still she has to fulfil other conditions arising under the other relevant provisions of the Rules and those conditions having not been fulfilled the Courts below were not justified in passing the decree for grant of family pension. The learned counsel for the respondent s
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