High Court of Punjab and HaryanaCWP/11073/2021dismissed

Vinita Bakshi v. State Of Haryana And Others

2025-08-12Mr. Justice Vinod S. Bhardwaj9 pages

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# "Sub: Family Pension for the family of Late Sh. Ashok Bakshi Ref: Your request letter No. Nil, dated Nil. In response to your request letter, it is intimated that as per Government of Haryana FD letter No 13/5(5)/865FR 1/dated 17.03.1987, family pension is not admissible in absorption cases i.e. Government has no liability for family pension in such cases. As the abovenamed deceased officer had resigned from this department for permanent absorption in WAPCOS (Water and Power Consultancy). So, your claim

0 regarding fixing family pension is not admissible as per said observations of Government and same is hereby rejected." (emphasis supplied)

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: "I have heard learned counsel for the parties and gone through the record of the case.

A short law point arising before this Court is as to whether the family of a deceased employee, who on account of previous service under the Government is entitled to prorata pension and dies while receiving the pension, then his family is entitled to family pension or not? The Family Pension Scheme, 1964 provides for grant of family pension to the family of deceased Government employee. Under the said scheme, the family pension is admissible on account of death of an employee after his retirement. Admittedly, wife is included in the definition of family. The instructions dated 11.05.1977 (Annexure P1) deals with the transfer of Haryana Government employees to other Governments, Companies, Corporations, Boards, Municipal Committees etc. It deals with the various aspects on accounts of deputation of an employee.

Rule 12 of the said instructions deals with grant of retiral benefit on permanent absorption in the Public Sector Undertakings. The said rule provides prorata pension and deathcumretirement gratuity based on the length of his qualifying service under the Government till the date of absorption. It is apparently on the basis of this rule that husband of the petitioner was granted prorata pension.

2 "(viii) Government would have no liability for family pension in such cases."

I am of the view that the said rules run contrary to Family Pension Scheme, 1964. Once an employee on his retirement gets pension on account of service under the Government, he is at the same footing as an employee retired from the service of the Government qua his service is rendered with the Government. Therefore, the Government cannot make discrimination that the employee, who were absorbed under the other departments and who were being allowed prorata pension on account of service rendered under the Government then his family will not be allowed family pension. Once a retired employee is getting pension from the Government, the necessary consequences will follow that on account of his death, his family will be on the same footing as that of a retired employee under the Government and be entitled to family pension as such.

Accordingly, the said Rule 12A (viii), which is reproduced above, denying the liability of the Government for family pension in such cases is held illegal and struck down. Accordingly, the petition is allowed. Respondent are ordered to allow the family pension to the petitioner from the date of death of her husband. Needful be done within three months from the date of receipt of certified copy of this order."

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─ On permanent absorption or subsequent appointment of a Government employee from a department to a nonpensionable organization under any State Government or Government of India, prorata pensionary benefits shall, in lump sum or otherwise as per option exercised by the concerned

3 Government employee, be admissible of the qualifying service rendered before permanent absorption or subsequent appointment, as the case may be, provided the application has been submitted through proper channel. The prorata pensionary benefits shall be payable from the date of permanent absorption or subsequent appointment and shall be released within six months from the date of submission of documents complete in all respects required for the purpose. The incumbent has to resign from service which will be a technical formality. No family pension shall be admissible in case of death after the date of permanent absorption or subsequent appointment.

(emphasis supplied)

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