Chandigarh, India – January 25:
In a rare and important decision, the Punjab and Haryana High Court ruled that a widow convicted of murder is still eligible to receive family pension after the death of her government-employed husband.
The judgment was given in the case of Baljeet Kaur from Ambala, Haryana. Her husband, Tarsem Singh, was a Haryana government employee who died in 2008 while still in service. Baljeet began receiving a family pension after his death.
However, in 2009, she was booked in a murder case and later convicted in 2011. After her conviction, the Haryana government stopped her pension, citing bad conduct under the Family Pension Rules, 1964.
The court stated that family pension is a welfare benefit designed to support the family after the death of a government employee. It is not a reward for good behavior, and cannot be withheld due to personal conduct, especially if not related to the deceased employee’s death.
According to the Family Pension Rules, if someone eligible for pension is accused of murdering or helping murder the employee, their pension claim is put on hold during the trial. If they are found guilty, they can be barred from getting the pension.
But in Baljeet Kaur’s case, the court ruled that her conviction was not related to her husband’s death, so the pension stoppage was unlawful. The court ordered the Haryana government to resume her pension within one month and pay all the pending dues.
Also, under the CCS (Pension) Rules, 1972, a widow is still eligible for family pension even if she remarries after the death of her husband.
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