- (1.) C. A. No. 14081/96. This appeal is directed against the judgment and order of the Himachal Pradesh High Court in Civil Writ Petition No. 1888 of 1995 dated December 8, 1995.
(2.) By the judgment under appeal, the High Court had directed the appellants to grant family pension to the first respondent herein. Undoubtedly, this is a hard case. Having regard to the facts, strictly speaking, the Government should have come forward to the rescue of the first respondent, but, unfortunately, that was not done.
(3.) The High Court, purporting to follow a decision of this Court, has granted pension which does not appear to be the correct position. The relevant Rule for grant of family pension in this case will be Rule 54(14)(b)(i) of CCS (Pension) Rules 1972, according to which the father will not be a member of the family or dependent to get the family pension. This fact is also not disputed. Interpreting a similar rule, this Court in State of Gujarat, through Chief Secretary v. Savitri Devi, (1996) 1 SCC 558 : (1996 AIR SCW 343) has observed as follows :- "5. A reading thereof clearly indicates that the family consists of the relatives, namely, the widow (if he happens to be married) of the deceased in case of male government servant and husband in case of female Government servant and minor sons and unmarried or minor daughter. In the case of the children, legally adopted children, before retirement/death also would become members of the family. If the widow remarries, she becomes disentitled to the pension as she ceases to be the member of the family. Obviously, for this reason, the widow Savitri Devi was not given pension after her remarriage in 1976. 6. The question is whether mother is a dependent. In view of the express definition of the family, mother has not been included as a member of the family to claim any family pension from the Government, much less after the maximum period of ten years. Under these circumstances, in either event, the decree of the trial Court as affirmed by the appellate Court and second appeal, are clearly illegal.";