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2008 (1) TMI 943 - SUPREME COURT OF INDIA

2008 (1) TMI 943 - SUPREME COURT OF INDIA - TMI - Appeal (civil) 576 of 2008 - Dated:- 22-1-2008 - S.B. Sinha And V.S. Sirpurkar, JJ. JUDGMENT S.B. SINHA, J. 1. Leave granted. 2. The short question involved in these appeals, arising out of the judgments and orders dated 18.09.2003 and 5.03.2004 passed by the High Court of Punjab and Haryana in C.W.P. Nos. 631, 1110 of 2003 and Review Application No. 71 of 2004 respectively, is as to whether family members of a deceased employee who was appointed .....

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w of Late Shri Krishan. He was appointed on a work-charge basis on or about 12.08.1974. Indisputably he continued to serve the appellant no. 1 in the same capacity. While in service, he expired on 11.08.1985. Respondent was appointed on compassionate ground in the services of the appellant Corporation in terms of an exgratia scheme. Concededly, the deceased was a member of a Contributory Provident Fund constituted under a Scheme. Despite the same, the respondent filed an application for grant of .....

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06 of 1998 titled Kanta Devi v. State of Haryana and Others decided on 16.12.1999, allowed the same directing: It is the conceded position that the petitioner had received the benefit of pension under the EPF scheme, but it is also the admitted position that the amount which the petitioner would now receive on account of family pension will be higher than the amount received by her under the EPF scheme. Mr. Malik accordingly undertakes that the petitioner will refund/ adjust the amount, which sh .....

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ase. 7. Mr. Jasbir Singh Malik, learned counsel appearing on behalf of the respondent, on the other hand, urged: (i) Appellants having not questioned the correctness of Kanta Devi (supra), now cannot turn round and contend that the Family Pension Scheme is not applicable. (ii) The High Court in Kanta Devi (supra) having interpreted para 4 of the Family Pension Scheme, the appellants are bound thereby. 8. The State of Punjab made the Punjab Civil Services Rules. The said Rules, subject to modific .....

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fficer retiring on or after 5th January, 1961, if he was holding substantively a permanent post on the date of his retirement, his temporary or officiating service under the State Government, followed without interruption by confirmation in the same or another post, shall count in full as qualifying service except in respect of the pension period of temporary or officiating service in non- pensionable establishment. 10. Rule 3.17-A(g) of the Rules inter alia provides that the entire service rend .....

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Scheme of grant of Family Pension is contained in Appendix 1 of the said Rules. Relevant portion of Para 4 of the said Scheme reads as under: 4. This scheme is administered as below:- (i) The family pension is admissible in case of death while in service or after retirement on or after the 1st July, 1964, if at the time of death, the retired officer was in receipt of a compensation, invalid, retiring or superannuation pension. The family pension will not be admissible in case of death after reti .....

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etent authority or before completion of one year continuous service provided the deceased Government employee concerned immediately prior to his recruitment to the service or post was examined by the appropriate Medical Authority and declared fit by that authority for Government service. *** *** *** (iii) The pension is admissible:- (a) in the case of widow/widower upto the date of death or remarriage, whichever is earlier; and (b) in the case of son/unmarried daughter until he/she attains the a .....

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of the Contributory Provident Fund. It has furthermore been noticed by us that even before the High Court the said position stood conceded but she opted for the Pension Scheme only because thereby she considered herself to be entitled to a higher amount. 14. The scheme relating to grant of Family Pension was made under a statute. A person would be entitled to the benefit thereof subject to the statutory interdicts. From a bare perusal of the provisions contained in the Punjab Civil Services Rule .....

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. Ram Lal and Others, (2005) 2 SCC 638, State of Bihar & Ors. v. Amrendra Kumar Mishra, 2006 (9) SCALE 549, Regional Manager, SBI v. Mahatma Mishra, 2006 (11) SCALE 258, State of Karnataka v. Ameerbi & Ors. 2006 (13) SCALE 319 and State of M.P. and Ors. v. Sanjay Kumar Pathak and Ors. [2007 (12) SCALE 72] They statutory provisions, as noticed hereinbefore, debar grant of family pension in favour of the family members as the deceased employee if was a work-charge employee and not a perman .....

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