- (1.) The claim of Jasodhan Devi through this petition filed under Article 226 of the Constitution is for a mandamus directing the respondents to sanction family pension to her on account of the death of her brother Mohan Lal who was employed as a teacher and died on April 4, 1982 while in service. The respondents paid gratuity of Rs. 9,300/- gross in April, 1985 vide order, Annexure P-1. When she applied for the family pension vide application, Annexure P-2, she received a reply vide letter dated March 24, 1987 Annexure P-3 that family pension was not admissible to a sister under Rule 6.17(3) of Punjab Civil Service Rules Volume-II. Correspondence went on with the respondents which need not be mentioned here. Suffice it to say that family pension was not allowed to the petitioner that she finally approached this Court.
(2.) The stand of the petitioner is that as per definition of 'family' under the Punjab New Pension Rules, 1951 , unmarried sister was one of the members of the family entitled to the family pension. On the other hand, the stand of the respondents is that as per definition of the family in the Pension Scheme of 1964, the name of unmarried sister was excluded. The deceased never opted out of 1964 Pension Scheme and, therefore provisions of Pension Scheme of 1964 would apply under which unmarried sister cannot be granted pension. Thus, the short question for determination in this case is as to whether unmarried sister being member of the family of the deceased. Government employee, who died while in service in the year 1982, would be entitled to family pension.
(3.) Appendix II in the Punjab Civil Service Rules , Volume II, 1960 Edition, contains rules known as New Pension Rules : For purposes of these rules, 'family' has been defined as under :- (a) 'family' shall include the following relatives of the officer - (i) wife, in the case of male officer, (ii) husband, in the case of a female officer, (iii) sons, (iv) unmarried and widowed daughters, (v) brothers below the age of 18 years and unmarried or widowed sister, (vi) father, and (vii) mother." From the definition of the 'family', as reproduced above, under clause (v), unmarried sister was member of the family who was entitled to the family pension. In 1964, new pension scheme was enforced with effect from July 1, 1964. Under para 3 of this scheme, the 'family' for the purpose of this scheme was defined as under :- "3. 'Family' for purposes of this Scheme will include the following relatives of the Officer :- (a) wife, in the case of a male employee; (b) husband, in the case of a female employee; (c) minor sons; and (d) unmarried minor daughter. "Note : (1) - (c) and (d) will include children adopted legally before retirement. (2) Marriage after retirement will not be recognised for purposes of this Scheme.";