Punjab-Haryana High Court
Amandeep Singh & Ors vs State Of Punjab & Ors on 9 January, 2012
Author: Surya Kant
Bench: Surya Kant
CWP No. 8635 of 2011. ::-1-::
IN THE HIGH COURT FOR THE STATES OF PUNJAB
AND HARYANA AT CHANDIGARH.
Civil Misc. No. 107 of 2012 &
C.W.P. No. 8635 of 2011. [O&M]
Date of Decision: 9th January, 2012.
Amandeep Singh & Ors. Petitioners through
Mr. B.S.Sewak, Advocate
Versus
State of Punjab & Ors. Respondents through
Mr. Suvir Sehgal, Addl. AG, Punjab.
CORAM:
HON'BLE MR. JUSTICE SURYA KANT.
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
SURYA KANT, J. [ORAL] This case is yet another example of absolute callousness exhibited by the Authorities of the Police Department who have failed to discharge their legal duties towards the minor children of a deceased employee of the Police Department. [2]. Petitioners No. 1 and 2 are minor son and daughter respectively of late Harjinderpal Singh who was a Constable in the Punjab Police. The said Harjinderpal Singh was murdered/died on 07.05.1995 while in service. Jasvir Kaur - widow of Harjinderpal Singh and mother of petitioners No. 1 and 2 was granted 'family pension', of course only, when she approached this Court in CWP No. 3769 of 2000 which was finally disposed of on 05.11.2001 [Annexure A-16]. The Police/Home Department was fully aware that the deceased constable had left behind two minor children, namely, petitioners No.1 and 2 as while granting family pension, a part of the monetary benefit falling in the share of the minor children was duly CWP No. 8635 of 2011. ::-2-::
deposited with the Oriental Bank of Commerce in the shape of FDRs, copies whereof are placed on record [Annexures A-17 and A-18]. [3]. Jasvir Kaur - mother of petitioners No. 1 and 2 also unfortunately passed away on 14.07.2002. No 'family pension' was sanctioned in favour of petitioners NO. 1 and 2 nor any other financial assistance that may be admissible under the Rules was given to them for years till both of them filed this petition through their grand mother.
[4]. When this writ petition came up for preliminary hearing on 16.05.2011, this Court passed the following order:-
"Meanwhile, the Senior Superintendent of Police, Barnala is directed to verify the claim of petitioner Nos. 1 & 2 being minor children of the deceased Constable Harjinderpal Singh No. 706/Barnala, as well as of petitioner No.3 being mother of the above named deceased - Constable. He shall also depute an officer/official to find out as to why the 'family pension' case of the petitioners, after the death of Jasbir Kaur, widow of the deceased-Constable on 14.7.2002, has not been submitted so far. In case the family pension case of the petitioners has already been sent to the Accountant General, Punjab, he is directed to accord the necessary sanction and release the family pension in favour of the petitioners, subject to their entitlement under the Rules, along with arrears and file a compliance affidavit on the adjourned date. It is made clear that non-compliance of these directions shall be viewed seriously".
[5]. The object of the above-stated inquiry was to establish that late Constable Harjinderpal Singh was the father of the minor children as it was beyond one's comprehension that the Police Department can go into slumber to an extent to forget the minor CWP No. 8635 of 2011. ::-3-::
children of a dead employee, who were ordinarily entitled to the family pension soon after the death of their mother in the year 2002. [6]. The Authorities have held the inquiry and a report [Annexure A-1] has been placed on record along with an affidavit of the Tehsildar, Talwandi Sabo, District Bathinda. [7]. The inquiry report candidly acknowledges that petitioner No. 1 was born on 28.01.1995 out of the wedlock of Harjinderpal Singh and Jasvir Kaur. Regarding petitioner No. 2, namely, daughter, though inquiry report gives unwarranted and absurd conclusions, but the fact that late Jasvir Kaur was her mother or Jasvir Kaur was married to Harjinderpal Singh - the deceased Constable only is not in dispute. The inquiry report qua petitioner No. 2 is thus set aside. It is directed that the said report shall not be referred to any where for any purpose and petitioner No. 2 shall always be deemed to be daughter of late Harjinderpal Singh.
[8]. The resultant effect is that both petitioners No. 1 and 2 are entitled to 'family pension' in equal proportion in accordance with the provisions of sub-clause 4[i][b] of Rule 6.17 of the Punjab Civil Service Rules, Chapter VI, Volume 2, i.e., until they attain the age of 25 years or start earning their livelihood, whichever is earlier.
Petitioners No. 1 and 2 shall also be entitled to other monetary and ex-gratia benefits being minor children of the deceased employee. [9]. Though under the ex-gratia policy, only one of the children on attaining the age of majority is entitled to be considered for appointment on compassion grounds, however, in the peculiar facts and circumstances where the petitioners have lost their parents and have undergone days of extreme hardship for years which must CWP No. 8635 of 2011. ::-4-::
have caused an adverse effect to their academic pursuits, especially the girl child - petitioner No. 2, it is directed that no sooner petitioners No. 1 and 2 attain majority and/or acquire suitable qualifications, their claim for employment in the Government service under the ex-gratia policy shall also be considered with an object to suitably employ them. Petitioners No. 1 and 2 shall be entitled to 'family pension' from the date their mother died along with interest @9% per annum on the arrears of family pension. Let the family pension along with arrears of interest be paid within three months from the date a certified copy of this order is received.
[10]. Petitioners No. 1 and 2 shall also be entitled to costs of `10,000/-, i.e., `5000/- each.
[11]. Disposed of. Dasti. January 09, 2012. ( SURYA KANT ) dinesh JUDGE