- (1.) The petitioner in this case is the mother of constable Balbir Singh (No. 638/GSP) who was working in the district Police Gurdaspur and was killed by the terrorists on 9.3.1990. By alleging that under the Family Pension Scheme, 1951 both the parents namely father and mother were included in the definition of 'family' and as such they were entitled to the grant of family pension. The definition was altered by the Family Pension Scheme of 1964 where father and mother of unmarried deceased government servants were excluded from the definition of 'family' for the purposes of family pension nor they were included in the definition of 'family' as per Rule 6.17 of the Punjab Civil Service Rules. By filing the instant petition she has claimed that being the mother of deceased son she is entitled to all the benefits including family pension.
(2.) The respondent-State has taken the stand that Accountant General, Punjab has declined the recommendations made by the Senior Superintendent of Police, Gurdaspur vide letter dated 15.10.1990 (Annexure R.2) with the remarks that family pension is not admissible to her. It has also been claimed that father of the deceased Constable Balbir Singh was serving and the petitioner was not dependent on her deceased son.
(3.) The only question which needs determination in the instant petition is as to whether the petitioner being mother of the deceased is covered by the definition of word 'family' as per the Family Pension Scheme of 1964. In that regard reference may first be made to sub rule 3 of the Family Pension Scheme, 1964 incorporated in Rule 6.17 of the Punjab Civil Service Rules, Volume II and the same reads as under : " 6.17. The provision of this rule shall apply : (1) and (2) xxx xxx xxx xxx (3) "Family" for the purpose 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 person surviving was not held guilty of committing adultery; and (d) unmarried daughters below the age of 21 years. Note 1. (c) and (d) will include children adopted legally before retirement. Note 2. Marriage after retirement will not be recognised for purposes of this Scheme.";