Family Pension Widow, kids, not parents, have first right.Saurabh Malik -Tribune News Service :Veteran Prabhjot Singh Chhatwal PLS Retd.

Family Pension Widow, kids, not parents, have first right.
Saurabh Malik -Tribune News Service
Chandigarh, May 1.
The Punjab and Haryana High Court has made it clear that “dependent parents are considered to be part of the family, only when an employee has neither left a widow, or a child behind”. With this, the court has also clarified that parents are not entitled to family pension, if the deceased employee leaves a widow and children.
The assertion came during the hearing of a regular second appeal filed by Pritam Kaur against the state of Punjab and other respondents.
Taking up the matter, Justice Ranjit Singh observed: “As is usually noticed, the death of an employee leads to litigation between the mother and wife of the deceased employee to make claim to retiral benefits and other dues of the deceased employee”.
Going into the background of the matter, Justice Ranjit Singh asserted: “Constable Kuldip Singh died on March 11, 2000. His mother, Pritam Kaur, filed a suit seeking declaration that she is entitled to one-third share in pension, gratuity and other retiral benefits; and also the pay and allowances and other benefits of the deceased employee.
“She claimed all these arrears along with interest at the rate of 18 per cent per annum. The plaintiff also claimed share in movable and immovable property and the financial benefits becoming available. The appellant-plaintiff also claimed she was dependent upon her late son….
“Even the provisions of the rules, which disentitled the appellant to lay a claim on the retiral benefits was challenged being illegal, unconstitutional and ultra vires”.
Justice Ranjit Singh added: “The wife and the child, however, made a claim for full pension, gratuity and other retiral benefits…. The respondent-defendants state of Punjab and others, however, would dispute this claim made by the appellant and would say that she did not have any cause. They would also plead that the plaint was liable to be dismissed”
In his order, Justice Ranjit Singh noted: “The trial court dismissed the suit. The same was the fate of the appeal and, thus, the present regular second appeal was filed….
“The question under consideration in the present case would be if the parents are entitled to claim family pension of the deceased employee when he leaves behind a widow and children, who admittedly would be dependent on him.
“The court has rightly taken a view that the appellant is not entitled to any pensionary or retiral benefits of the deceased constable. The submissions made by counsel for the appellant are without merit and deserve to be dismissed”.