Kulwant Kaur Vs State of Punjab and Others — Writ and Judicial Review | Punjab & Haryana HC (2025)

Kulwant Kaur Vs State of Punjab and Others — Writ and Judicial Review | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Direction to respondents to consider the petitioner's claim for terminal benefits except family pension, taking care of the certificate issued by the Sub-Divisional Magistrate, Samrala, pointing out any specific certificate required for a corresponding benefit, with the needful to be done within 3 months.

Issue for consideration

Whether the petitioner, mother of a deceased Punjab Police Constable, is entitled to release of family pension following her son's death while in service. +2 more

Ratio / Principle

The petition stands disposed of with a direction to the respondents to consider the claim of the petitioner for terminal benefits except family pension.

Key takeaways

The Authorities shall take care of the certificate issued by the Sub-Divisional Magistrate, Samrala.ratio¶23
In the event the Authorities find that a specific certificate is required for a corresponding benefit, the same shall be duly pointed out to the petitioner, and the needful shall be done within 3 months.ratio¶23

Detailed headnote1 paragraphs

Punjab & Haryana High Court (Jagmohan Bansal, J., Oral), CWP-23347-2025, decided 12.08.2025 — Writ petition under Articles 226/227 by a mother seeking release of family pension and terminal benefits after her son, a Constable in the Punjab Police Force, died in harness on 09.07.2021; his remarried widow had furnished an affidavit dated 01.10.2022 giving no objection to terminal benefits being released to the petitioner. Learned State counsel submitted that under the Family Pension Scheme, 1964 the petitioner is not entitled to family pension as her son was married and had one child, though other benefits could be claimed per applicable Rules. The Court disposed of the petition with a direction to the respondents to consider the claim for terminal benefits except family pension, to take care of the dependency certificate issued by the Sub-Divisional Magistrate, Samrala, to point out any specific certificate required for a corresponding benefit, and to complete the needful within 3 months.

CWP-23347-2025

-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

113 CWP-23347-2025 Date of Decision: 12.08.2025

Kulwant Kaur …Petitioner

Versus

State of Punjab and others …Respondents

CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present: - Mr. Deepak Aggarwal, Advocate for the petitioner

Mr. Aman Dhir, Deputy Advocate General, Punjab ***

JAGMOHAN BANSAL, J . (Oral)

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to respondents to release family pension in view of death of her son while in service.

The petitioner’s son was part of Punjab Police Force as Constable. He died on 09.07.2021 in harness. His wife was extended job. She got remarried. She has furnished affidavit dated 01.10.2022 to the effect that she has no objection if terminal benefits are released in favour of the petitioner. The petitioner made representation dated 19.05.2025 claiming terminal/pensionary benefits of her son. The respondent vide letter dated 21.07.2025 has asked the petitioner to furnish dependency certificate and indemnity bond.

Learned counsel for the petitioner submits that Sub-Divisional Magistrate, Samrala has already issued dependency certificate, thus, there is

MOHIT KUMAR 2025.08.12 16:50 I attest to the accuracy and integrity of this order/judgment.

CWP-23347-2025

-2-

no need to get legal heir or dependency certificate issued by the Deputy Commissioner.

Notice of motion.

Mr. Aman Dhir, Deputy Advocate General, Punjab, who on advance notice is present in Court, accepts notice on behalf of the respondent-State.

On the request of both sides, the matter is taken up for final adjudication.

Learned State counsel submits that as per Family Pension Scheme, 1964, the petitioner is not entitled to family pension because her son was married and having one child. She can claim other benefits subject to compliance of terms and conditions as contemplated by other Rules.

The petition stands disposed of with a direction to respondents to consider claim of the petitioner for terminal benefits except family pension. The Authorities shall take care of certificate issued by SubDivisional Magistrate, Samrala. In the event the Authorities find that a specific certificate is required for the corresponding benefit, the same shall be duly pointed out to the petitioner. Let the needful be done within 3 months from today.

(JAGMOHAN BANSAL) JUDGE

12.08.2025

Mohit Kumar

Whether speaking/reasoned	Yes/No
Whether reportable	Yes/No

MOHIT KUMAR 2025.08.12 16:50 I attest to the accuracy and integrity of this order/judgment.