BHAJAN KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition seeks a direction for grant of family pension to the petitioner.

(2.) Case of the petitioner is that her husband was working as Chowkidar with Arya Kanya High School, Kharar. He joined service on 12.8.1978 and died in harness on 24.1.1988. On coming into force of The Punjab Privately Managed Recognised Aided School Retirement Benefit Scheme, 1992 w.e.f. 5.2.1987, the petitioner applied for and was granted family pension vide order dated 11.3.1994 and all arrears of pension were also paid. The petitioner got family pension upto 1996 but, thereafter, the same was stopped on the ground that the pension was wrongly paid. The husband of the petitioner had not completed 10 years qualifying service for family pension.

(3.) Case of the petitioner is that qualifying service of 10 years for pension, was not applicable to the family pension, as has been held by a Division Bench of this Court in the case of Tripta Devi V/s. State of Punjab (C.W.P. No. 5981 of 1999) decided on 15.11.2000. Requirement of qualifying service for pension had no relevance for grant of family pension.