Punjab-Haryana High Court
Inderjit Kaur And Another vs State Of Punjab And Others on 31 July, 2013
Author: Augustine George Masih
Bench: Augustine George Masih
CIVIL WRIT PETITION NO.15179 OF 2012 :{ 1 }:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DATE OF DECISION: JULY 31st, 2013
Inderjit Kaur and another
.....Petitioners
VERSUS
State of Punjab and others
....Respondents
CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH
Present: Mr. D. D. Bansal, Advocate,
for the petitioners.
Mr. Harsimran Singh Sethi, Addl.A.G., Punjab,
for the State.
*****
AUGUSTINE GEORGE MASIH, J.
Petitioners, who are parents of Khushwinder Singh, deceased, Art and Craft Teacher, have approached this Court, praying for issuing a writ of mandamus, directing the respondents to release family pension and other benefits like gratuity, leave encashment, enhanced ex-gratia amount and provident fund etc. in their favour. They have also claimed interest on the delayed payment.
The facts, as have been culled out in the writ petition, are that the only son of the petitioners was appointed as Art and Craft Teacher on selection by the Service Selection Board, Punjab, vide Khurmi Rakesh 2013.08.01 09:23 I attest to the accuracy and integrity of this document High Court Chandigarh CIVIL WRIT PETITION NO.15179 OF 2012 :{ 2 }:
letter dated 27.7.2007. He joined as such on 28.7.2007. He completed his probation period and was confirmed on the post of Art and Craft Teacher.
In the month of September 2011, elections of Shiromani Gurudwara Parbandhak Committee were held in the State of Punjab, where Khushwinder Singh was deputed on election duty at Polling Station No.32 at Village Behman Jassa Singhwala. He performed his election duty on 4.9.2011, 11.9.2011, 17.9.2011 and 18.9.2011 and was relieved from said duty vide order dated 18.9.2011, Annexure P-
2. While he was coming back home on motorcycle to his native village Rajgarh Kube after performing his election duty, he was hit by an unknown vehicle resulting in his death on the spot. FIR No.81 dated 19.9.2011 was lodged by Makhan Singh, uncle of deceased Khushwinder Singh, at Police Station Maur.
It has been stated that Khushwinder Singh son of the petitioners was unmarried and was the only bread winner of the family. They were fully dependent on him and they did not have any land or any other source of income. Being dependent, petitioners approached the respondents for grant of benefits, which their deceased son, Khushwinder Singh, would have been entitled to being a Government employee and having died in harness while coming back after performing his official duty (election duty assigned to him). Certificate (Annexure P-4) to this effect was issued by the Head Master, Government High School, Maur Khurd (Maur Mandi), Khurmi Rakesh 2013.08.01 09:23 I attest to the accuracy and integrity of this document High Court Chandigarh CIVIL WRIT PETITION NO.15179 OF 2012 :{ 3 }:
District Bhatinda.
Petitioners submitted a representation to Member of Parliament, Bhatinda Constituency, dated 20.10.2011, Annexure P-5, for release of the benefits to them, to which their son would be entitled to. However, when no response was received, petitioners served a legal notice dated 24.3.2012, Annexure P-6, upon the respondents, claiming the benefits of contributory provident fund, gratuity, leave encashment, special family pension, ex-gratia amount etc. An amount of `50,000/- was paid as ex-gratia by the Shiromani Gurudwara Parbandhak Committee as financial help to the petitioners being parents of deceased, Khushwinder Singh. Apart from this benefit, no other benefit has been released to the petitioners, which has forced them to now approach this Court by way of present writ petition, claiming the above-stated benefits.
Reply to the writ petition has been filed by the respondents, wherein it has been stated that the petitioners are only entitled to contributory pension fund amounting to `85,586/-, which claim of the petitioners has been forwarded to the competent authority i.e. Deputy Director, New Pension Scheme, Mohali on 5.1.2012 by the Head Master, Government High School, Maur Khurd, District Bhatinda (respondent No.5) for approval and the payment shall be made to the petitioners immediately on receipt of approval from the afore-mentioned authority. An amount of `30,000/- on Khurmi Rakesh 2013.08.01 09:23 I attest to the accuracy and integrity of this document High Court Chandigarh CIVIL WRIT PETITION NO.15179 OF 2012 :{ 4 }:
account of Group Insurance Scheme already stands deposited in the account of the petitioners on 26.3.2012 vide cheque of even date. As per the respondents, the petitioners are not entitled to any other benefit apart from these as the provisions contained in the Punjab Civil Service Rules, entitling the dependents of a deceased Government employee for family pension, would not be applicable to them as their son was appointed after 1.1.2004, on which date the new Defined Contributory Pension Scheme had come into effect. It has been stated that the Government has framed a policy to the effect that those employees who are appointed on or after 1.1.2004, shall be covered by the new Defined Contributory Pension Scheme and accordingly the provisions of the Punjab Civil Service Rules, Volume II, which deals with the retiral/terminal benefits like pension, family pension, DCRG, ex-gratia etc. shall not be applicable in the case of such employees. Notification to this effect has been issued on 2.3.2004, Annexure R-1, vide which amendment has been brought about in Rule 1.2 of the Punjab Civil Service Rules, Volume I. The petitioners would, thus, be entitled to the benefits as admissible under the new reconstructed Defined Contributory Pension Scheme as laid down vide letter dated 12.12.2006, Annexure R-2, issued by the Government of Punjab, Department of Finance. As per the respondents, the petitioners are entitled to the amount of Group Insurance Scheme as also the contributory pension fund. So far as the amount of Group Insurance Scheme is Khurmi Rakesh 2013.08.01 09:23 I attest to the accuracy and integrity of this document High Court Chandigarh CIVIL WRIT PETITION NO.15179 OF 2012 :{ 5 }:
concerned, the same has already been deposited in the account of the petitioners and the contributory pension fund would be released to them as soon as the approval of the competent authority is received. Prayer has, thus, been made to dispose of the writ petition on these terms.
It is the contention of counsel for the petitioners that the petitioners, being parents of deceased, Khushwinder Singh, and fully dependent on him, would be entitled to grant of family pension alongwith ex-gratia amount and gratuity. Reference has been made to Rule 6.16-B (1) of the Punjab Civil Services Rules, Volume I, Part II, to contend that the parents of the deceased Government employee, who are dependent on him, are entitled to grant of family pension. He submits that in the case in hand, deceased son of the petitioners was unmarried and they were fully dependent on him and, thus, are entitled to grant of family pension and other benefits.
On the other hand, counsel for the respondents has submitted that in the light of the amendment brought about in the statutory rules, petitioners would not be entitled to the claim as has been made by them in the present writ petition and would only be entitled to grant of contributory pension fund and the amount of group insurance scheme. `30,000/- have already been deposited in the accounts of the petitioners and the amount of `85,586/- under the head "Contributory Pension Scheme" would be released to them as and when the approval is received from the Deputy Director, New Khurmi Rakesh 2013.08.01 09:23 I attest to the accuracy and integrity of this document High Court Chandigarh CIVIL WRIT PETITION NO.15179 OF 2012 :{ 6 }:
Pension Scheme, Mohali.
I have considered the submissions made by counsel for the parties and with their assistance have gone through the records of the case.
On considering the submissions made by counsel for the parties, I am of the considered view that the petitioners would not be entitled to grant of family pension, ex-gratia and general provident fund etc. The reason for saying so is the amendment which has been brought about by the respondents in Rule 1.2 of the Punjab Civil Service Rules, Volume I, Part I, vide notification dated 2.3.2004, Annexure R-1. The said amendment reads as follows:-
"1. (i) These rules may be called title Punjab Civil Service (First Amendment) Rules, 2004.
(ii) these shall be deemed to have come into force with effect from the 1st day of January, 2004.
2. In the Punjab Civil Service Rules Volume-1, Part 1 in Rule 1.2, the following proviso shall be added at the end of sub-rule (1):
"Provided that the rules in Para-1-Pension in Volume-II of these rules called the Punjab Civil Service Rules, Volume-II shall not apply to the Government employees who are appointed to the posts mentioned in categories (1) to (5) above on or after the 1st January, 2004. They shall be covered by new "Defined Contributory Pension Khurmi Rakesh 2013.08.01 09:23 I attest to the accuracy and integrity of this document High Court Chandigarh CIVIL WRIT PETITION NO.15179 OF 2012 :{ 7 }:
Scheme to be notified by the State Government in due course."
As per amendment, `Pension' as provided in Punjab Civil Service Rules, Volume II, shall not apply to the Government employees who were appointed on or after 1.1.2004. So far as son of the petitioners, Khushwinder Singh, is concerned, he was appointed as Art and Craft Teacher on 27.7.2007 and he joined on the said post on 28.7.2007. Since his appointment is after 1.1.2004, the claim, as made by the petitioners in the present writ petition, being based upon unamended provisions of the Punjab Civil Service Rules, would not be acceptable and, therefore, no benefit can be granted.
Further as per letter dated 12.12.2006, Annexure R-2, instructions of the new Defined Contributory Pension Scheme for the new entrants to Punjab Government service have been laid down. In Para 4 of the said instructions, it has been specifically provided that pension and GPF would not be available to new Government employees joining Government service on or after 1.1.2004 under the new re-Defined Contributory Pension Scheme. Therefore, the petitioners would be entitled only to contributory provident fund, which admittedly comes to `85,586/-. The case of the petitioners for grant of said benefit has already been sent to the Deputy Director, New Pension Scheme, Mohali, for approval on 5.1.2012.
In view of the above, since the amount of `30,000/- towards Group Insurance Scheme has already been deposited in the Khurmi Rakesh 2013.08.01 09:23 I attest to the accuracy and integrity of this document High Court Chandigarh CIVIL WRIT PETITION NO.15179 OF 2012 :{ 8 }:
accounts of the petitioners vide cheque dated 26.3.2012, their claim qua this benefit stands satisfied. If the amount of `85,586/- towards contributory provident fund is not released to the petitioners till date, the same be now released to them within a period of one month from the date of receipt of copy of this order. The petitioners will also be entitled to interest on delayed payment from the date of their entitlement till the date of disbursement of the amount at the rate of 12% per annum. This interest amount be also disbursed to the petitioners within the time stipulated above.
The writ petition stands disposed of with above directions.
July 31st, 2013 ( AUGUSTINE GEORGE MASIH )
khurmi JUDGE
Khurmi Rakesh
2013.08.01 09:23
I attest to the accuracy and
integrity of this document
High Court Chandigarh