- (1.) The petitioner in this case is the mother of constable Dilbag Singh (No. 27/627) who was working in PAP, 27th Bn., Jalandhar Cantt. and while on medical leave, died on 175.1988. 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 vide letter dated 1.4.1992 (Annexure R.2) declined the recommendations made by the Commandant, 27th Bn. PAP Jalandhar Cantt. with the remarks that death not attributable to Govt. Service (sic) being death due to illness while he was on leave, his mother is not entitled for the family pension.
(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 11 and the same reads as under : "6.17. The provision of this rule shall apply : (1) and (2) xxx xxx xxx xxx (T) '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." The afore-mentioned scheme has been amended in 1998 w.e.f. 1.1.1996. The amendment carried in the Scheme reads thus : "4.3. For the purpose of Rule 6.17(3) of Punjab Civil Services, Rules Vol. II, the definition of family shall also include the following relatives of the deceased government employee : (i) son/daughter including widowed/divorced daughter till he/she attains the age of 25 years or upto the date of his/her marriage/remarriage or till he/she starts earning his/her livelihood, whichever is earlier; son daughter including widowed/divorced daughter shall be deemed to be earning his/her livelihood if his/her income is Rs. 2620 per mensem or more. (ii) Parents who were wholly dependent on the government employee when, he/she was alive provided the deceased employee had left behind neither a widow nor a child. The parents whose total income from all sources was Rs. 2620 per mensem or more at the time of death of the employee shall not be considered to be dependent.";