Punjab High Court: Widow Eligible for Family Pension Even if Convicted of Murder
In a unique judgement on January 25, the Punjab and Haryana High Court declared that a widow remains eligible for family pension even if she is convicted of murder. This ruling highlights the welfare intent behind family pension schemes, which aim to provide financial support to families after the death of a government employee.
According to the Family Pension Rules of 1964, if a person eligible for family pension is charged with the murder of the government employee or aiding in such a crime, their pension claim is suspended until the conclusion of criminal proceedings. If found guilty, the person is barred from receiving the family pension.
However, the court found this suspension of family pension due to bad conduct to be incorrect in the case of Baljeet Kaur. Baljeet Kaur, from Ambala, Haryana, was receiving a family pension after her husband, a Haryana government employee, passed away in 2008. In 2009, she was charged with murder and convicted in 2011, leading to the immediate stoppage of her pension by the Haryana government.
The High Court set aside the Haryana government’s decision, directing the concerned department to release Baljeet Kaur’s family pension within a month, including arrears. The court emphasized that family pension is meant to provide financial assistance to the deceased employee’s family, regardless of the widow’s criminal conviction.
Under the CCS (Pension) Rules, 1972, a widow is entitled to receive a family pension after her husband’s death. Moreover, the widow of a government servant remains eligible for family pension even after remarriage.
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