High Court admonishes Haryana for withholding family pension

Saurabh Malik

Chandigarh, March 7

Admonishing the State of Haryana for its arbitrary, insensitive, and inhuman approach in depriving a widow of her family pension for 15 months, the Punjab and Haryana High Court has ruled that she is entitled to Rs 1 lakh costs.

Justice Jasgurpreet Singh Puri made it clear that the amount would initially be paid by the department concerned. The Haryana Additional Chief Secretary of the Urban Local Bodies would then be tasked with fixing accountability for the lapse and would be at liberty to recover the cost from the official or officers responsible. For the purpose of paying the costs, the Bench set a three-month deadline.

The Bench was told during the course of hearing that petitioner Sarvesh Devi’s husband, working as a leading fireman, died in December 2003 in a road accident following which she started receiving family pension.

Referring to the Family Pension Scheme of 1964, Justice Puri observed family pension was payable at an enhanced rate of 50 per cent of the pay for 10 years and thereafter at 30 per cent. The only dispute was that the family pension was not reduced after 10 years.

Justice Puri further observed the mistake or fault was on the respondents’ part and not the petitioner’s. It was admitted position that the petitioner was being paid pension since 2003, but it was stopped in July 2021, and not even a single penny was paid for 15 months. Subsequently, Rs 9,000 was fixed for being recovered on a monthly basis.

Justice Puri also took note of her counsel’s contention that the petitioner was required to be compensated. As a widow, she could not make both ends meet as she was paid only Rs 4,467 per month and nothing was paid for past 15 months as deduction was sought to be made.

“This court is of a considered view that the Rs 4,467 paid to the petitioner is certainly very less and it is not proper for the respondent-department to have recovered an instalment of Rs 9,000 per month. Therefore, it is directed that for the remaining instalments to be deducted shall be only Rs 4,500, instead of Rs 9,000,” Justice Puri asserted.