Dismissed

Vinod Kumar Soni and Ors. v. Sudesh Verma and Ors.

Punjab & Haryana HC1 Oct 2013RSA/1884/2013

Case brief

AI extract

What is this about?

This second appeal challenges dismissals below regarding entitlement to family pension where the family Pension Rules, 2009 were invoked. The single judge upheld lower court findings that these Rules applied only prospectively. The High Court saw no legitimate question for determination and dismissed the appeal.

What did the court decide?

The appeals and second appeals filed by the plaintiffs are dismissed.

Vinod Kumar Soni and Ors. Vs Sudesh… — Pension and Retirement Benefits | Punjab & Haryana HC (2013)

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RSA 1884/2013(O&M)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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RSA No.1884/2013(O&M) Date of decision:01/10/2013

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Vinod Kumar Soni and others

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.............Appellants.

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Smt.Sudesh Verma and others

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.............Respondents

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CORAM: HON'BLE MR.JUSTICE JASWANT SINGH

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Present:Mr.Sandeep Kotla,Advocate for the plaintiffs/appellants.

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Jaswant Singh,J.(Oral)

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Plaintiffs are in second appeal against the concurrent judgments passed passed by both the Courts below, whereby their suit for declaration and mandatory injunction was dismissed by the learned Civil Judge (Junior Division)Faridabad vide judgment and decree dated 27.1.2012 and the findings thereof were affirmed by the learned Additional District Judge, Faridabad vide judgment and decree dated 8.12.2012 while dismissing the appeal of the plaintiffs/appellants.

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Plaintiffs are legal heirs of deceased Rajinder Singh, from his first wife, who died during harness as Conductor in Haryana Roadways/defendant no.3. Defendant no.1-Smt.Sudesh Verma is the step-mother of the plaintiffs and defendant no.2-Kumari Renu is their step-sister. It is averred that Rajinder Singh during his employment had nominated only defendant no.1 as his nominee for receipt of service benefits. Rajinder Singh died on 23.7.2004. Accordingly the

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Joshi Rajinder Prashad 2013.10.01 16:41 I attest to the accuracy of this Order. High Court, Chandigarh.

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RSA 1884/2013(O&M)

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service benefits were released to defendant no.1. Plaintiffs claimed their proportionate share of pensionary benefits as per the Family Pension Rules,1964. The learned trial Court held that the plaintiffs were not entitled to the release of proportionate share of family pension as they had attained the age of majority. However, the suit was partly decreed by granting release of ex-gratia payment. The Appellate Court also upheld the findings of the trial Court.

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Learned counsel for the plaintiffs/appellants has argued that as per the amended Family Pension Rules in the year 2009, the sons and unmarried daughters of a deceased employee upto the age of 25 years are eligible for family pension apart from the widow. Thus, it is prayed that impugned judgments and decrees passed by the Courts below be set aside.

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After hearing the learned counsel for the plaintiffs/appellants, it is found that the argument is wholly misconceived. The learned Appellate Court has considered this aspect and categorically held that the amended Family Pension Rules,2009 are not applicable since they were not in existence either at the time of filing of the suit in January 2005 or at the time of death of the deceased employee-Rajinder Singh on 23.7.2004. The said findings do not suffer from any perversity. Accordingly, no question of law much less substantial question of law arises for determination in this appeal.

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Dismissed.

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01.10.2013. joshi

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Joshi Rajinder Prashad 2013.10.01 16:41 I attest to the accuracy of this Order. High Court, Chandigarh.

Vinod Kumar Soni and Ors. v. Sudesh Verma and Ors.

Case brief

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Vinod Kumar Soni and Ors. v. Sudesh Verma and Ors.

Case brief

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What the court decided

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