Himachal Pradesh High Court
Distt. Treasury Officer Mandi vs . Smt. Indu Devi on 26 April, 2022
Bench: Tarlok Singh Chauhan, Chander Bhusan Barowalia
Distt. Treasury Officer Mandi Vs. Smt. Indu Devi RPT No. 1/2020 26.04.2022 Present: Mr. Ashok Sharma, Advocate General with Mr. .
Rajinder Dogra, Sr. Addl. AG, Mr. Vinod Thakur and Mr. Shiv Pal Manhans, Addl. AGs, Mr. Bhupinder Thakur and Mr. Yudhvir Singh Thakur, Dy. AGs, for the petitioners.
Mr. Devender K. Sharma, Advocate, for the respondent.
The State has filed the instant petition for review of order dated 16.12.2016, passed by erstwhile H.P. Administrative Tribunal, in OA No. 6616/2016, titled Indu Devi Vs. State of H.P., on the ground that since the respondent was already in receipt of the family pension of her deceased husband, therefore, she could not have been granted pension after the death of her husband. For this purpose strong reliance was placed on Rule 54(13) (b) of the CCS Pension Rule, 1972, which provides that "family pension under this Rule shall not be granted to a person who has already in receipt of family pension or is eligible therefore under any other rule of the Central Government or State Government etc."
It is pointed out by the learned counsel for the respondent that the Rule as relied upon and quoted has in fact been omitted by the Government itself and it has further been clarified vide OM, dated 2nd September, 2008 as under: "It is clarified that family pension admissible to pensioner in respect of one deceased employee/pensioner is not to be counted as income for the purpose of determination of eligibility for another family pension, which is admissible in connection with another deceased employee/pensioner."
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However, any other income earning of the pensioner under consideration will be counted towards .
income for deciding eligibility for family pension.
Confronted with this, learned Senior Additional Advocate General prays for and is granted two weeks' time to obtain instructions. List on 17.05.2022.
r to (Tarlok Singh Chauhan)
Judge
(Chander Bhusan Barowalia)
Judge
26th April, 2022
(raman)
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