Disposed

Seema v. State of Punjab & Ors.

Punjab & Haryana HC20 Apr 2010CWP/20461/2009

Case brief

AI extract

What is this about?

The court allowed a writ petition claiming pension and retirement benefits after the husband's death. It directed that 50% of benefits go to the adult son and the rest to the minor son's fixed deposit, with family pension paid to the petitioner.

What did the court decide?

Direct payment of 50% of gratuity and leave encashment to the elder son and retention of 50% in fixed deposit for the minor son; payment of family pension to the petitioner.

Seema Vs State of Punjab & Ors. — Pension and Retirement Benefits | Punjab & Haryana HC (2010)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Writ Petition No.20461 of 2009 Date of decision: 20.04.2010

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Seema ….Petitioner

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versus

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State of Punjab and others

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…Respondents

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CORAM: HON’BLE MR. JUSTICE K. KANNAN

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Present: Mr. Rajesh K. Dadwal, Advocate, for the petitioner.

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Mr. Manohar Lall, Additional Advocate General, Punjab.

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Mr. Anil Kumar Sharma, Advocate, for respondents 4 and 5.

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

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To be referred to the reporters or not?

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Whether the judgment should be reported in the digest?

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K.Kannan, J (Oral)

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The writ petition is filed for issue of an appropriate direction for payment of pension, gratuity and all other retiral benefits arising out of the death of the husband of the petitioner. A short reply has been given by the respondents 4 and 5 by way of an affidavit of Shri M.S.Randhawa, Executive Officer, Municipal Council, Dhariwal. He has filed along with the reply a Form of Declaration made by the deceased employee nominating his two minor children for obtaining the benefits of gratuity, leave encashment, ex gratia PF etc. Of the two children, the elder son on attaining majority appears to have been granted compassionate appointment. In view of the fact that the petitioner's elder

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Civil Writ Petition No.20461 of 2009 - 2 -

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son has obtained majority, 50% of the amount which has accrued towards gratuity, leave encashment, ex gratia PF etc. shall be issued in favour of the elder son Manga. As regards the younger son Ajay, the same shall be retained in fixed deposit till he attains majority and on proof of attainment of majority, the remaining 50% of the amount shall also be released. The release of the amount to the elder son shall be made with interest at 7.5% from the date when he had obtained majority within a period of 4 weeks from the date of the receipt of the copy of the order.

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As regards the claim of the petitioner's entitlement for payment of family pension, there appears to be no objection and the nomination made for provident fund shall not apply for pension also. The family pension payable to the petitioner shall also to be paid to the petitioner. The amount that has accrued for the share of pension for the elder son, who has since attained majority, shall also be paid to the elder son. As regards the share of family pension for a minor son, the same shall be disbursed in the manner approved under the scheme for payment of family pension. This exercise shall also be completed within a period of 12 weeks. The arrears of accumulated pension which is issued to the petitioner shall be paid with interest at 7.5% per annum from the respective dates when they fell due.

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The writ petition is disposed of.

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(K.KANNAN) JUDGE

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20.04.2010 sanjeev

Seema v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

Seema v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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