- (1.) Petitioner's request for family pension has not been acceded to. Even though, no formal order of rejection of claim of the petitioner has been passed, however, from the reply, it appears that the petitioner has been declined family pension on the ground that her adoption was not prior to the retirement of the govt. employee.
(2.) It may be necessary to briefly notice the factual background leading to the filing of the present writ petition.
(3.) Tej Singh was working as Senior Assistant in the office of Labour Commissioner, Punjab. He sought voluntary retirement from service on 2.6.2000. On his voluntary retirement, pension was sanctioned in his favour. Unfortunately, Tej Singh died on 29.7.2001 and on his death, pension was sanctioned in favour of Jasmer Kaur his widow. Unfortunately, widow of Tez Singh namely, Jasmer Kaur also died on 19.7.2010. The petitioner approached the respondents for grant of family pension in her favour claiming to be un- married and adopted daughter of Tez Singh, the deceased govt. employee, vide her application dated 16.8.2010. The claim of the petitioner has not been accepted which forced the petitioner to file the present petition seeking a writ in the nature of mandamus to grant family pension and other benefits of her deceased father. Family pension is governed by the statutory rules namely Punjab Civil Services Rules Vol. II. Rule 6.16-B(l) and 6:17 thereof define 'family' for purposes of pension, which read as under :- "(a)"family" shall include the following relatives of the officer :- (i)wife or wives including judicially separated wife or wives, in the case of male office; (ii)husband including judicially separated husband, in the case of female officer; (iii)sonsIncluding step-children and adopted children (iv)unmarried and widowed daughters (v)brothers below the age of 18 years and unmarried and widowed sisters, including step brothers and sisters; (vi)FatherIncluding adopted parents in case of individuals whose personal law permits adoption. (vii)Mother; (viii)married daughters; and (ix)Children of a predeceased son; Rule 6.17 The provision of this rule shall apply (a) to a regular employee of Punjab Government in a pensionable establishment on or after the 1st July, 1964; and (2) The Scheme will be administered as below : (i) The family pension will be admissible in case of death while in service or after retirement if at the time of death the retired government employee was in receipt of a compensation, invalid, retiring or superannuation pension. In case of death while in service, the Government employee should have completed a minimum period of one year of continuous service, without break. The family pension will not be admissible in cases of death after retirement, if the retired employee at the time of death was in receipt of gratuity only. (3) "Family" for purposes of this Scheme will include the following relatives of the Government 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 husband, such separation not being granted on the ground of adultery, provided the marriage took place before the retirement of the Government employee and the persons surviving was not held guilty of committing adultery; and (c) sons upto the age of twenty-five years. (d) unmarried daughters upto the age of twenty five years. Note 1:- (c) and (d) will include children adopted legally before retirement. (4) The pension will be admissible :- (i)(a) in the case of a widow or widower up to the date of death or remarriage whichever is earlier; (b) in the case of son and unmarried daughter until he or she attains age of twenty five years or till he or she starts earning his/her livelihood, which ever is earlier.";