IN THE HIGH COURT OF PUNJAB AND HARYANA State of U. T. Chandigarh and Poonam and other CORAM: HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE M Present: SANJEEV PRAKASH SHARMA, J. the Central Administrative Tribunal by Poonam-respondent no.1 wherein she 08.05.2017 passed by petitioner no.2 rejecting her claim for family pension of her late father Surinder Pal. 2. and his pension was sanctioned. He expired on 10.10.2014. respondent No.1, applied for the grant of family pension, as she is specially abled and the only surviving legal heir dependent on Surinder Pal, following the death of her mother on 19.08.2012. The petitioners demanded from respondent no.1 and also income certificate from the Sub Magistrate. Respondent no.1 was further CWP No. 31102 of 2019 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP Date of Pronouncement: State of U. T. Chandigarh and others Versus and others CORAM: HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MR. JUSTICE H. S. GREWAL Mr. Abhinav Sood, Advocate, for petitioner Mr. H. S. Jugait, Advocate, for petitioner no. 2. Ms. Veena Kumari, Advocate, for respondent no.1. SANJEEV PRAKASH SHARMA, J. The writ petition assails the order dated 27.11.2018 passed by the Central Administrative Tribunal allowing respondent no.1 wherein she had 08.05.2017 passed by petitioner no.2 rejecting her claim for family pension of her late father Surinder Pal. Surinder Pal father of respondent no.1 retired on 30.06.1999 and his pension was sanctioned. He expired on 10.10.2014. espondent No.1, applied for the grant of family pension, as she is specially abled and the only surviving legal heir dependent on Surinder Pal, following the death of her mother on 19.08.2012.The family pension was not released. The petitioners demanded a disability certificate and legal heir certificate from respondent no.1 and also income certificate from the Sub Magistrate. Respondent no.1 was further advised to collect the pension 19 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 31102 of 2019 (O&M) Reserved on : 13th May, 2025 Date of Pronouncement: 21st May, 2025 … Petitioners Versus …Respondents CORAM: HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA H. S. GREWAL for petitioner nos. 1, 3 and 4. Mr. H. S. Jugait, Advocate, for petitioner no. 2. Advocate, for respondent no.1. The writ petition assails the order dated 27.11.2018 passed by allowing OA No. 060/1165/2017 filed had challenged the order dated 08.05.2017 passed by petitioner no.2 rejecting her claim for family pension Surinder Pal father of respondent no.1 retired on 30.06.1999 and his pension was sanctioned. He expired on 10.10.2014. His daughter, espondent No.1, applied for the grant of family pension, as she is specially- abled and the only surviving legal heir dependent on Surinder Pal, following The family pension was not released. a disability certificate and legal heir certificate from respondent no.1 and also income certificate from the Sub-Divisional advised to collect the pension- No. 31102 of 2019 (O&M) 2025 2025 The writ petition assails the order dated 27.11.2018 passed by OA No. 060/1165/2017 filed order dated 08.05.2017 passed by petitioner no.2 rejecting her claim for family pension Surinder Pal father of respondent no.1 retired on 30.06.1999 , - abled and the only surviving legal heir dependent on Surinder Pal, following The family pension was not released. a disability certificate and legal heir certificate Divisional - VARINDER SINGH 2025.05.21 17:41 I attest to the accuracy and authencity of this order/judgment paper from the office of respondent no.3 and submit the sam completing the formalities. Respondent no.1 submitted application alongwith documents in the office of Sub Chandigarh who rejected the claim of the applicant/respondent no.1 vide order dated 06.11.2015 on the ground that t eligible for family pension as per Rule 6.17, Sub Punjab Civil Service Rules, Volume 3. order of 06.11.2015. Union Territory, Chandig the order dated 06.11.2015 by communication dated 26.05.2016. It was submitted that the desired document applicant for sanction of family pension and on account thereof her case has been rejected a considered. 4. department to request the Deputy Commissioner for issuing income certificate and to consider the case of the applicant for OA was treated as infructuous. It further directed to carry out the exercise within a period of six weeks. 5. certificate. The Tehsildar (Revenue) issued the income certificate on 30.08.2016 of her husband which was annum considering i income limit of Rs. 3,500/ Punjab Civil Service Rules Volume (II), Ru CWP No. 31102 of 2019 paper from the office of respondent no.3 and submit the sam completing the formalities. Respondent no.1 submitted application alongwith documents in the office of Sub Chandigarh who rejected the claim of the applicant/respondent no.1 vide order dated 06.11.2015 on the ground that t eligible for family pension as per Rule 6.17, Sub Punjab Civil Service Rules, Volume-II. The applicant/respondent no.1 preferred OA assailing the said order of 06.11.2015. Union Territory, Chandig the order dated 06.11.2015 by communication dated 26.05.2016. It was submitted that the desired documents had not been submitted by the applicant for sanction of family pension and on account thereof her case has been rejected and if she submits the desired documents, her claim would be The CAT vide order dated 02.06.2016 directed the parent department to request the Deputy Commissioner for issuing income certificate and to consider the case of the applicant for OA was treated as infructuous. It further directed to carry out the exercise within a period of six weeks. Thereafter, a request was moved for issuance of income certificate. The Tehsildar (Revenue) issued the income certificate on of her husband which was found to be of considering it to be more than the prescribed minimum monthly income limit of Rs. 3,500/- plus dearness allowance, in accordance with the Punjab Civil Service Rules Volume (II), Ru 19 - 2 - paper from the office of respondent no.3 and submit the same after completing the formalities. Respondent no.1 submitted application alongwith documents in the office of Sub-Divisional Magistrate, UT Chandigarh who rejected the claim of the applicant/respondent no.1 vide order dated 06.11.2015 on the ground that the married daughter is not eligible for family pension as per Rule 6.17, Sub-rule (4), Clause V(b) of the The applicant/respondent no.1 preferred OA assailing the said order of 06.11.2015. Union Territory, Chandigarh filed reply withdrawing the order dated 06.11.2015 by communication dated 26.05.2016. It was had not been submitted by the applicant for sanction of family pension and on account thereof her case has nd if she submits the desired documents, her claim would be The CAT vide order dated 02.06.2016 directed the parent department to request the Deputy Commissioner for issuing income certificate and to consider the case of the applicant for family pension. The OA was treated as infructuous. It further directed to carry out the exercise Thereafter, a request was moved for issuance of income certificate. The Tehsildar (Revenue) issued the income certificate on found to be of ` 4,22,502.00 per more than the prescribed minimum monthly plus dearness allowance, in accordance with the Punjab Civil Service Rules Volume (II), Rule 6.17 (IV), explanation (2), a e after completing the formalities. Respondent no.1 submitted application Divisional Magistrate, UT Chandigarh who rejected the claim of the applicant/respondent no.1 vide he married daughter is not rule (4), Clause V(b) of the The applicant/respondent no.1 preferred OA assailing the said arh filed reply withdrawing the order dated 06.11.2015 by communication dated 26.05.2016. It was had not been submitted by the applicant for sanction of family pension and on account thereof her case has nd if she submits the desired documents, her claim would be The CAT vide order dated 02.06.2016 directed the parent department to request the Deputy Commissioner for issuing income family pension. The OA was treated as infructuous. It further directed to carry out the exercise Thereafter, a request was moved for issuance of income certificate. The Tehsildar (Revenue) issued the income certificate on 4,22,502.00 per more than the prescribed minimum monthly plus dearness allowance, in accordance with the le 6.17 (IV), explanation (2), a VARINDER SINGH 2025.05.21 17:41 I attest to the accuracy and authencity of this order/judgment letter was issued on 08.05.2017 holding the applicant not entitled to family pension. 6. the petitioners have relied before this Court the Punjab Civil Servic Volume (II), Rule 6.17 (IV), explanation (2) to contend that respondent no.1 is not entitled to family pension a not on her father 7. respondent no.1 and it was submitted was not required for release of family pension and further the income certificate was that of her husband and had been issued Punjab Civil Service Rules. 8. dated 08.05.2017 with direction to reconsider the claim of the applicant on furnishing of fresh disability certificate as it was objected that the dis certificate produced was in the name of her husband, who was 100% specially abled. The CAT also directed to amend the family pension in terms of instructions dated 28.07.2014. 9. petitioners submit would not fall in the eligibility zone for receiving family pension as the monthly income limit was higher than 10. submitted her disability certificate and on that count also disability pension could not be released. CWP No. 31102 of 2019 letter was issued on 08.05.2017 holding the applicant not entitled to family Learned counsel for the applicant/respondent no.1 submits that he petitioners have relied before this Court the Punjab Civil Servic Volume (II), Rule 6.17 (IV), explanation (2) to contend that respondent no.1 is not entitled to family pension as she was dependent on her husband and not on her father, she cannot claim the relief as prayed for in her OA. Challenge to the order dated 08.05.2017 was made by respondent no.1 and it was submitted that income certificate of the applicant was not required for release of family pension and further the income certificate was that of her husband and had been issued Punjab Civil Service Rules. The CAT vide judgment dated 27.11.2018 set aside the order dated 08.05.2017 with direction to reconsider the claim of the applicant on furnishing of fresh disability certificate as it was objected that the dis certificate produced was in the name of her husband, who was 100% specially abled. The CAT also directed to amend the family pension in terms of instructions dated 28.07.2014. Feeling aggrieved of the judgment dated 28.11.2018, the submit that as per Rule 6.17 (IV) Explanation (2) respondent no.1 would not fall in the eligibility zone for receiving family pension as the monthly income limit was higher than ` 3,500/ It has been further submitted that re submitted her disability certificate and on that count also disability pension could not be released. 19 - 3 - letter was issued on 08.05.2017 holding the applicant not entitled to family Learned counsel for the applicant/respondent no.1 submits that he petitioners have relied before this Court the Punjab Civil Service Rules Volume (II), Rule 6.17 (IV), explanation (2) to contend that respondent no.1 she was dependent on her husband and he cannot claim the relief as prayed for in her OA. Challenge to the order dated 08.05.2017 was made by that income certificate of the applicant was not required for release of family pension and further the income certificate was that of her husband and had been issued relying on old The CAT vide judgment dated 27.11.2018 set aside the order dated 08.05.2017 with direction to reconsider the claim of the applicant on furnishing of fresh disability certificate as it was objected that the disability certificate produced was in the name of her husband, who was 100% specially abled. The CAT also directed to amend the family pension in terms Feeling aggrieved of the judgment dated 28.11.2018, the Rule 6.17 (IV) Explanation (2) respondent no.1 would not fall in the eligibility zone for receiving family pension as the 3,500/- plus dearness allowance. It has been further submitted that respondent no.1 has nowhere submitted her disability certificate and on that count also disability pension letter was issued on 08.05.2017 holding the applicant not entitled to family Learned counsel for the applicant/respondent no.1 submits that e Rules Volume (II), Rule 6.17 (IV), explanation (2) to contend that respondent no.1 she was dependent on her husband and Challenge to the order dated 08.05.2017 was made by that income certificate of the applicant was not required for release of family pension and further the income relying on old The CAT vide judgment dated 27.11.2018 set aside the order dated 08.05.2017 with direction to reconsider the claim of the applicant on ability certificate produced was in the name of her husband, who was 100% specially abled. The CAT also directed to amend the family pension in terms Feeling aggrieved of the judgment dated 28.11.2018, the Rule 6.17 (IV) Explanation (2) respondent no.1 would not fall in the eligibility zone for receiving family pension as the spondent no.1 has nowhere submitted her disability certificate and on that count also disability pension VARINDER SINGH 2025.05.21 17:41 I attest to the accuracy and authencity of this order/judgment 11. placed before us. 12. Civil Services Rules under the Family Pension Scheme defines 'Family' as follows:- following relatives of the Government employee: Clause 4 of Rule 6.17 of the Punjab Civil Services Rules, Volume II, lays down the admissibility of pension as follows: CWP No. 31102 of 2019 We have carefully gone through the judgment and the pleadings placed before us. Regarding grant of family pension, Ru Civil Services Rules under the Family Pension Scheme defines 'Family' as “(3) "Family" for purposes of this Scheme will include the following relatives of the Government employee: (a) wife in the case of a male Government and husband in the case of a female Government employee; (b) a judicially separated wife or husband, such separation not being granted on the ground of adultery and the person surviving was not held guilty of committing adultery; (c) sons upto the age of twenty (d) daughters upto the age of twenty irrespective of their marriage but unmarried daughters shall be included in the family irrespective of their age; and (e) parents who were wholly dependent on the Government employee, when he/she was alive provided the deceased employee had left behind neither a widow nor a child. Note 1.-(c) and (d) will include children adopted legally before retirement. Note. 2.- Marriage after retirement shall be recognised for purposes of this Scheme. Clause 4 of Rule 6.17 of the Punjab Civil Services Rules, Volume II, lays down the admissibility of pension as follows: “(4) The pension will be admissible 19 - 4 - We have carefully gone through the judgment and the pleadings Regarding grant of family pension, Rule 6.17 of the Punjab Civil Services Rules under the Family Pension Scheme defines 'Family' as “(3) "Family" for purposes of this Scheme will include the following relatives of the Government employee:- wife in the case of a male Government employee and husband in the case of a female Government a judicially separated wife or husband, such separation not being granted on the ground of adultery and the person surviving was not held guilty of committing adultery; he age of twenty-five years; daughters upto the age of twenty-five years irrespective of their marriage but unmarried daughters shall be included in the family irrespective of their age; and parents who were wholly dependent on the loyee, when he/she was alive provided the deceased employee had left behind neither a widow nor a child. (c) and (d) will include children adopted legally Marriage after retirement shall be recognised is Scheme. Clause 4 of Rule 6.17 of the Punjab Civil Services Rules, Volume II, lays down the admissibility of pension as follows:- The pension will be admissible- We have carefully gone through the judgment and the pleadings le 6.17 of the Punjab Civil Services Rules under the Family Pension Scheme defines 'Family' as “(3) "Family" for purposes of this Scheme will include the employee and husband in the case of a female Government a judicially separated wife or husband, such separation not being granted on the ground of adultery and the person surviving was not held five years irrespective of their marriage but unmarried daughters shall be included in the family parents who were wholly dependent on the loyee, when he/she was alive provided the deceased employee had left behind (c) and (d) will include children adopted legally Marriage after retirement shall be recognised Clause 4 of Rule 6.17 of the Punjab Civil Services Rules, Volume II, lays VARINDER SINGH 2025.05.21 17:41 I attest to the accuracy and authencity of this order/judgment CWP No. 31102 of 2019 (i) (a) in the case of widow or widower up to the date of death or remarriage whichev earlier; (b) in the case of a son until he attains the age of twenty-five years or till he starts earning his livelihood, whichever is earlier; and (c) to a daughter upto the age of twenty irrespective of her marriage. However, an unmarried daughter shall be entitled to family pension irrespective of her age. But, family pension shall not be admissible to a daughter, if she starts earning her livelihood: Provided that if the son or daughter of a Government employee is suffering from any or disability of mind or is physically crippled or disabled so as to render him or her unable to earn a living even after becoming ineligible for family pension under sub-clauses (b) and (c), the family pension shall be payable to such son or dau the following conditions, namely: (i) if such son or daughter is one among two or more children of the Government employee, the family pension shall be initially payable to the children in the order set out in the sub until the last child becomes ineligible for family pension under sub thereafter the family pension shall be resumed in favour of the son or daughter suffering from disorder or disability of mind or who is physically crippled or disabled payable to him or her as the case may be, for life; 19 - 5 - in the case of widow or widower up to the date of death or remarriage whichever is in the case of a son until he attains the age of five years or till he starts earning his livelihood, whichever is earlier; and to a daughter upto the age of twenty-five years irrespective of her marriage. However, an ied daughter shall be entitled to family pension irrespective of her age. But, family pension shall not be admissible to a daughter, if she starts earning her livelihood: Provided that if the son or daughter of a Government employee is suffering from any disorder or disability of mind or is physically crippled or disabled so as to render him or her unable to earn a living even after becoming ineligible for family pension clauses (b) and (c), the family pension shall be payable to such son or daughter for life subject, to the following conditions, namely:- if such son or daughter is one among two or more children of the Government employee, the family pension shall be initially payable to the children in the order set out in the sub-rule (3) the last child becomes ineligible for family pension under sub-clauses (b) and (c) and thereafter the family pension shall be resumed in favour of the son or daughter suffering from disorder or disability of mind or who is physically crippled or disabled and shall be payable to him or her as the case may be, for in the case of widow or widower up to the er is in the case of a son until he attains the age of five years or till he starts earning his five years irrespective of her marriage. However, an ied daughter shall be entitled to family pension irrespective of her age. But, family pension shall not be admissible to a daughter, Provided that if the son or daughter of a disorder or disability of mind or is physically crippled or disabled so as to render him or her unable to earn a living even after becoming ineligible for family pension clauses (b) and (c), the family pension shall ghter for life subject, to if such son or daughter is one among two or more children of the Government employee, the family pension shall be initially payable to the rule (3) the last child becomes ineligible for family clauses (b) and (c) and thereafter the family pension shall be resumed in favour of the son or daughter suffering from disorder or disability of mind or who is and shall be payable to him or her as the case may be, for VARINDER SINGH 2025.05.21 17:41 I attest to the accuracy and authencity of this order/judgment CWP No. 31102 of 2019 (ii) if there are more than one such son or daughter suffering from disorder or disability of mind or they are physically crippled or disabled, the family pension shall be paid in the following order, namely:- (a) firstly to the son, and if there are more than one son, the younger of them will get the family pension only after the life time of the elder; (b) secondly, to the daughter, and if there are more than one daughter, the younger of them will get the family pension only after the life time of the elder; (iii) the family pension shall be paid to such son or daughter through the guardian as if he or she were a minor; iv) before allowing the family pension for life to any such son or daughter shall satisfy that the handicap is of such a nature as to prevent him or her from earning his or her livelihood and the same shall be evidenced by a certificate obtained from a medical officer not below the rank of a Civil Surge far as possible, the exact mental or physical condition of the child; (v) the person receiving the family pension as guardian of such son or daughter shall produce every three years a certificate from a medical officer not below the rank the effect that he or she continued to suffer disorder or disability of mind or continues to be physically crippled or disabled. Explanations, (a) The disability which manifests itself before or after the retirement or death of the Government employee shall be taken into account for the purpose of grant of family pension under this rule. (b) Omitted. (c) The family pension payable to such a son or daughter shall be stopped if he or she starts earning his/her livelihood. (d) In such cases it shall be the duty of the guardian to furnish a certificate to the Treasury or Bank, 19 - 6 - if there are more than one such son or daughter suffering from disorder or disability of mind or they are physically crippled or disabled, the family pension shall be paid in the following firstly to the son, and if there are more than one son, the younger of them will get the family pension only after the life time of the secondly, to the daughter, and if there are more than one daughter, the younger of ll get the family pension only after the life time of the elder; the family pension shall be paid to such son or daughter through the guardian as if he or she before allowing the family pension for life to any such son or daughter, the sanctioning authority shall satisfy that the handicap is of such a nature as to prevent him or her from earning his or her livelihood and the same shall be evidenced by a certificate obtained from a medical officer not below the rank of a Civil Surgeon setting out as far as possible, the exact mental or physical condition of the child; the person receiving the family pension as guardian of such son or daughter shall produce every three years a certificate from a medical officer not below the rank of a Civil Surgeon to the effect that he or she continued to suffer disorder or disability of mind or continues to be physically crippled or disabled. Explanations, (a) The disability which manifests itself before or after the retirement or death of the overnment employee shall be taken into account for the purpose of grant of family pension under this rule. (c) The family pension payable to such a son or daughter shall be stopped if he or she starts earning ses it shall be the duty of the guardian to furnish a certificate to the Treasury or Bank, if there are more than one such son or daughter suffering from disorder or disability of mind or they are physically crippled or disabled, the family pension shall be paid in the following firstly to the son, and if there are more than one son, the younger of them will get the family pension only after the life time of the secondly, to the daughter, and if there are more than one daughter, the younger of ll get the family pension only after the family pension shall be paid to such son or daughter through the guardian as if he or she before allowing the family pension for life to any , the sanctioning authority shall satisfy that the handicap is of such a nature as to prevent him or her from earning his or her livelihood and the same shall be evidenced by a certificate obtained from a medical officer not on setting out as far as possible, the exact mental or physical the person receiving the family pension as guardian of such son or daughter shall produce every three years a certificate from a medical of a Civil Surgeon to the effect that he or she continued to suffer disorder or disability of mind or continues to be Explanations, (a) The disability which manifests itself before or after the retirement or death of the overnment employee shall be taken into account for the (c) The family pension payable to such a son or daughter shall be stopped if he or she starts earning ses it shall be the duty of the guardian to furnish a certificate to the Treasury or Bank, VARINDER SINGH 2025.05.21 17:41 I attest to the accuracy and authencity of this order/judgment 13. 26.03.2015 soon respondent no.1 claimed family pension on the basis of relevant rules. It was specifi the time of retirement of her father she was not married but is now married. As per instructions dated 09.12.2015 in case the daughter is suffering from any disability which prevents her from earning livelihood, she would continue to get family pen her marriage. Thus, it is apparent that daughters, irrespective of their marriage upto the age of 25 years, would be entitled to family pension and those daughters, who were suffering from any disability get family pension even after the age of 25 years, even if she has got married. 14. income of the husband is not to be counted for the purpose of grant of family pension to a no. 1 was merely a house wife, having no source of income. CWP No. 31102 of 2019 as the case may be, every month that (i) he or she has not started earning his/her livelihood; (ii) Omitted. Explanation (2).-A son or a daughter shall be deemed to be earning his/her livelihood if his/her monthly income is equal to the prescribed minimum family pension of Rs. 3500 plus dearness relief thereon. Similarly, parents whose total monthly income from all sources is equal to or more than the prescribed minim pension of Rs. 3500 plus dearness relief thereon, shall not be considered to be dependent upon the deceased Government employee and no family pension shall be admissible to them.” A look at the application submitted by respondent no.1 on soon after the death of her father respondent no.1 has mentioned that she was claimed family pension on the basis of relevant rules. It was specifi the time of retirement of her father she was not married but is now married. As per instructions dated 09.12.2015 in case the daughter is suffering from any disability which prevents her from earning livelihood, she would continue to get family pension even after the age of 25 years, irrespective of her marriage. Thus, it is apparent that daughters, irrespective of their marriage upto the age of 25 years, would be entitled to family pension and those daughters, who were suffering from any disability get family pension even after the age of 25 years, even if she has got Thus, from the perusal of the above it is apparent that the income of the husband is not to be counted for the purpose of grant of family daughter who is above 25 years of age. Admittedly, respondent no. 1 was merely a house wife, having no source of income. 19 - 7 - as the case may be, every month that (i) he or she has not started earning his/her livelihood; (ii) Omitted. A son or a daughter shall be be earning his/her livelihood if his/her monthly income is equal to the prescribed minimum family pension of Rs. 3500 plus dearness relief thereon. Similarly, parents whose total monthly income from all sources is equal to or more than the prescribed minimum pension of Rs. 3500 plus dearness relief thereon, shall not be considered to be dependent upon the deceased Government employee and no family pension shall be A look at the application submitted by respondent no.1 on after the death of her father, reflects that the applicant/ mentioned that she was specially-abled, therefore, claimed family pension on the basis of relevant rules. It was specified that at the time of retirement of her father she was not married but is now married. As per instructions dated 09.12.2015 in case the daughter is suffering from any disability which prevents her from earning livelihood, she would sion even after the age of 25 years, irrespective of her marriage. Thus, it is apparent that daughters, irrespective of their marriage upto the age of 25 years, would be entitled to family pension and those daughters, who were suffering from any disability, would continue to get family pension even after the age of 25 years, even if she has got Thus, from the perusal of the above it is apparent that the income of the husband is not to be counted for the purpose of grant of family daughter who is above 25 years of age. Admittedly, respondent no. 1 was merely a house wife, having no source of income. as the case may be, every month that (i) he or she has not A son or a daughter shall be be earning his/her livelihood if his/her monthly income is equal to the prescribed minimum family pension of Rs. 3500 plus dearness relief thereon. Similarly, parents whose total monthly income from all um pension of Rs. 3500 plus dearness relief thereon, shall not be considered to be dependent upon the deceased Government employee and no family pension shall be A look at the application submitted by respondent no.1 on that the applicant/ , therefore, that at the time of retirement of her father she was not married but is now married. As per instructions dated 09.12.2015 in case the daughter is suffering from any disability which prevents her from earning livelihood, she would sion even after the age of 25 years, irrespective of her marriage. Thus, it is apparent that daughters, irrespective of their marriage upto the age of 25 years, would be entitled to family pension and , would continue to get family pension even after the age of 25 years, even if she has got Thus, from the perusal of the above it is apparent that the income of the husband is not to be counted for the purpose of grant of family daughter who is above 25 years of age. Admittedly, respondent VARINDER SINGH 2025.05.21 17:41 I attest to the accuracy and authencity of this order/judgment 15. documents is also found to be fallacious. We have noticed that Smt. Poonam in her letter dated 26.03.2015 had enclosed disability certificate and again in her letter dated 13.08.2015 she has submitted medical certificates of both herself as well as her husband. She pointed out that she is 70% abled and her husband who i 16. mechanical manner in rejecting the claim of the applicant/ respondent no.1 on the ground of earning respondent no.1, which actually is the salary drawn by her husband. Her husband’s income has been added, who is 100% respondent no.1 is 70% 17. family pension to a of her father’s retirement, was against the rules. proviso thereto of Rule 6.17 of the Punjab Civil Services Rules, if the son or daughter of a government servan physically crippled or disabled to the extent that he or she is unable to earn a livelihood, the family pension shall be admissible to him or her even after becoming otherwise ineligible for it, irrespective of because she got married would make no difference. We further deprecate the approach adopted by the Union of India in challenging the proceedings before this Court of earning and was unmarried at the time of death of his father. earnings of her husband cannot be said to be the earnings of the family for CWP No. 31102 of 2019 The contention that the petitioners had not submitted documents is also found to be fallacious. We have noticed that Smt. Poonam in her letter dated 26.03.2015 had enclosed disability certificate and again in her letter dated 13.08.2015 she has submitted medical certificates of both herself as well as her husband. She pointed out that she is 70% abled and her husband who is a government servant is 100% We also notice that the Accounts Officer has acted in a mechanical manner in rejecting the claim of the applicant/ respondent no.1 on the ground of earning ` 4,22,502/- per annum as the total income of respondent no.1, which actually is the salary drawn by her husband. Her husband’s income has been added, who is 100% respondent no.1 is 70% specially-abled. We find that the approach adopted by the petitioners in denying y pension to a specially-abled daughter, who was unmarried at the time of her father’s retirement, was against the rules. proviso thereto of Rule 6.17 of the Punjab Civil Services Rules, if the son or daughter of a government servant is suffering from any mental disorder or is physically crippled or disabled to the extent that he or she is unable to earn a livelihood, the family pension shall be admissible to him or her even after becoming otherwise ineligible for it, irrespective of because she got married would make no difference. We further deprecate the approach adopted by the Union of India in challenging the proceedings before this Court with regard to a specially-abled person who has no source of earning and was unmarried at the time of death of his father. earnings of her husband cannot be said to be the earnings of the family for 19 - 8 - The contention that the petitioners had not submitted documents is also found to be fallacious. We have noticed that Smt. Poonam in her letter dated 26.03.2015 had enclosed disability certificate and again in her letter dated 13.08.2015 she has submitted medical certificates of both herself as well as her husband. She pointed out that she is 70% specially- s a government servant is 100% specially-abled. We also notice that the Accounts Officer has acted in a mechanical manner in rejecting the claim of the applicant/ respondent no.1 per annum as the total income of respondent no.1, which actually is the salary drawn by her husband. Her husband’s income has been added, who is 100% specially-abled, while We find that the approach adopted by the petitioners in denying daughter, who was unmarried at the time of her father’s retirement, was against the rules. As per Clause 4 and the proviso thereto of Rule 6.17 of the Punjab Civil Services Rules, if the son or t is suffering from any mental disorder or is physically crippled or disabled to the extent that he or she is unable to earn a livelihood, the family pension shall be admissible to him or her even after becoming otherwise ineligible for it, irrespective of marriage. Merely because she got married would make no difference. We further deprecate the approach adopted by the Union of India in challenging the proceedings abled person who has no source of earning and was unmarried at the time of death of his father. Further the earnings of her husband cannot be said to be the earnings of the family for The contention that the petitioners had not submitted documents is also found to be fallacious. We have noticed that Smt. Poonam in her letter dated 26.03.2015 had enclosed disability certificate and again in her letter dated 13.08.2015 she has submitted medical certificates of both - abled. We also notice that the Accounts Officer has acted in a mechanical manner in rejecting the claim of the applicant/ respondent no.1 per annum as the total income of respondent no.1, which actually is the salary drawn by her husband. Her , while We find that the approach adopted by the petitioners in denying daughter, who was unmarried at the time As per Clause 4 and the proviso thereto of Rule 6.17 of the Punjab Civil Services Rules, if the son or t is suffering from any mental disorder or is physically crippled or disabled to the extent that he or she is unable to earn a livelihood, the family pension shall be admissible to him or her even after . Merely because she got married would make no difference. We further deprecate the approach adopted by the Union of India in challenging the proceedings abled person who has no source he earnings of her husband cannot be said to be the earnings of the family for VARINDER SINGH 2025.05.21 17:41 I attest to the accuracy and authencity of this order/judgment denying her family pension. family pension even if she gets married as per proviso to Rule 6.17 of the Punjab Civil Services Rules. upheld. 18. 19. released, shall entitled for cost of 20. 21st May, 202 vs Whether speaking/reasoned Whether reportable CWP No. 31102 of 2019 denying her family pension. She, therefore, family pension even if she gets married as per proviso to Rule 6.17 of the Punjab Civil Services Rules. The orders passed by CAT dated 27.11.2018 is The writ petition is dismissed. Family pension to the applicant/ respondent no.1 released, shall be released with interest @ 9% entitled for cost of ` 25,000/-. All pending applications shall stand disposed of. (SANJEEV PRAKASH SHARMA) 2025 Whether speaking/reasoned Yes/No Whether reportable Yes/No 19 - 9 - She, therefore, is held to be entitled for the family pension even if she gets married as per proviso to Rule 6.17 of the The orders passed by CAT dated 27.11.2018 is pplicant/ respondent no.1, if not be released with interest @ 9% on arrears. She is also held All pending applications shall stand disposed of. (SANJEEV PRAKASH SHARMA) JUDGE (H. S. GREWAL) JUDGE Yes/No Yes/No entitled for the family pension even if she gets married as per proviso to Rule 6.17 of the The orders passed by CAT dated 27.11.2018 is if not held VARINDER SINGH 2025.05.21 17:41 I attest to the accuracy and authencity of this order/judgment