Akhil Kaushik vs State Of H.P. & Others on 8 October, 2020

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Himachal Pradesh High Court

Akhil Kaushik vs State Of H.P. & Others on 8 October, 2020

Bench: Vivek Singh Thakur

                                                      1




              IN THE HIGH COURT OF HIMACHAL PRADESH
                              SHIMLA

                                         CWPOA No. 856 of 2019




                                                                                .
                                         Date of Decision: October 8, 2020





    Akhil Kaushik                                                                   ...Petitioner.
                                                  Versus





    State of H.P. & others                                                     ..Respondents.
    Coram:
    The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
    Whether approved for reporting?1 Yes





    For the Petitioner:                  Mr.Prem P. Chauhan, Advocate, through
                                         Video Conferencing.

    For the Respondents:                 Mr. Raju Ram Rahi, Deputy Advocate
                           r             General, through Video Conferencing.

    Vivek Singh Thakur, J (oral)

Petitioner herein is claiming right of pensionary and ancillary benefits in his favour, on account of death of his father Dr.Arvind Kant Kaushik, on the ground that he is son of second wife of deceased employee and uptill the age of 25 years, he is entitled for pensionary benefits on account of death of his father.

2. Learned Deputy Advocate General has placed on record instructions dated 15.09.2020, received from the Director Ayurveda, Himachal Pradesh, wherein it is stated that as per information given by deceased Dr.Arvind Kant Kaushik, with respect to his family, after his death, pension is being disbursed to his legally wedded wife Sunita Kaushik and she is drawing such family pension.

Whether reporters of the local papers may be allowed to see the judgment?

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3. Undoubtedly, children may be entitled for pensionary benefits, but only in accordance with Rule 54 (8) of CCS (Pension) Rules, 1972, wherein it is provided that family pension shall not be payable to more than one member of the family at the same .

time and in case deceased/pensioner leaves behind a widow or widower, the family pension shall become payable to the widow or widower, failing which to the eligible child.

4. In present case, first legally wedded wife is alive as a widow of deceased Government servant/pensioner and,

r to therefore, stage of devolving pensionary rights upon the child/children has not ripen yet.

Undoubtedly, family pension is also admissible to the children from void and voidable marriage, however, their right shall accrue in accordance with provisions of Rule 54 of CCS (Pension) Rules, only after death of legally wedded spouse.

6. In view of above, keeping all questions open, with respect to entitlement of the petitioner for the pensionary benefits after death of the widow getting pension, present petition is dismissed for having no merit with respect to claim of the petitioner at this stage.

7. Needless to say, in case any right accrues in favour of the petitioner, in future, he shall be entitled to claim the same, in accordance with law.

Pending application(s), if any, also stand disposed of.

(Vivek Singh Thakur), Judge.

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Himachal Pradesh High Court