JUDGEMENT
VINEY MITTAL, J. -
(1.) The defendants State of Punjab and another have approached this
Court through the present appeal having remained unsuccessful before the
learned
first Appellate Court.
(2.) The plaintiff had filed suit for declaration claiming that she was
entitled to the grant of family pension and other benefits on account of
death of her
son who was working as Wireless Operator.
The facts which emerge from the record show that Balwinder Singh
had died on July 3, 1993, while in service. On that account, the plaintiff
claimed
her entitlement for family pension. The suit filed by the plaintiff was
dismissed by
the learned trial Court. The plaintiff took up the matter in appeal. The
learned
first Appellate Court relied upon two judgments of this Court in the case of
Malkit
Singh Vs. State of Punjab, 2003 (2) RSJ 515 and Phool Pati Vs.
Haryana State
Electricity Board and another, 2002 (3) RSJ 769 to hold that since the
revised
rules had come into force w.e.f. January 1, 1996, therefore, every parent
(father or
mother) who happens to be alive after January 1, 1996 would be entitled to
family
pension irrespective of the fact whether the ward had died prior or after
January 1,
1996. Consequently, the appeal of the plaintiff was allowed and her suit
was decreed.
(3.) Nothing has been shown that the findings recorded by the learned
first Appellate Court suffer from any infirmity or are contrary to record.
No question of law, much less any substantial question of law, arises
in the present appeal dismissed.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.