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IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
139
CWP-9965-2025
Date of decision: 07.04.2025
KULDEEP KAUR
….PETITIONER
Vs.
STATE OF PUNJAB AND OTHERS
...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present: Mr. Sukhwinder Singh Kainth, Advocate
for the petitioner.
Mr. Aman Dhir, DAG, Punjab.
****
JAGMOHAN BANSAL, J (ORAL)
1.
The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to respondents to release full pension instead of 50%.
2.
The petitioner on account of death of her husband started getting family pension from July’ 2014. She continued to receive full family pension till 2019, however, w.e.f. 15.10.2019, the respondents reduced her pension to the extent of 50% on the ground that she is second wife of the deceased employee.
3.
The husband of petitioner solemnized second marriage with petitioner in 1979 and by that time his first wife had already passed away. The said employee retired in 1999 and passed away in 2014. Meaning thereby, at the time of retirement as well as death of the employee, the petitioner was the only surviving and legally wedded wife of the deceased employee. Thus, she was entitled to full family pension. She had been receiving full pension from 2014 to 2019, however, without any plausible reason, the respondents reduced her pension to the extent of 50%.
MANOJ KUMAR 2025.04.08 10:51 I attest to the accuracy and integrity of this document
CWP-9965-2025
-2-
4.
Mr. Aman Dhir, DAG, Punjab who on advance notice is present in Court, expressed his inability to controvert afore-stated factual and legal position. He also conceded that the case of the petitioner is covered by order dated 28.02.2025 passed by this Court in CWP-5641 of 2025 titled as ‘Surinder Kaur Vs. State of Punjab and others’.
5.
In this backdrop, petition stands allowed with a direction to respondents to release full family pension to the petitioner. She would also be released arrears i.e. differential amount for the period from 2019 to 2025. The arrears will not carry interest if payment is made within 3 months from today. In case respondent fails to clear arrears within aforesaid period, it would be liable to pay interest @ 7.5% per annum.
07.04.2025
[JAGMOHAN BANSAL] manoj
JUDGE
Whether speaking/reasoned Yes/No
Whether reportable
Yes/No
MANOJ KUMAR 2025.04.08 10:51 I attest to the accuracy and integrity of this document