Civil Writ Petition No.3382 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.3382 of 2007 Date of decision: March 25, 2008 Mrs. Nirmal Puri … Petitioner Versus Punjab State Electricity Board … Respondent CORAM: HON’BLE MR. JUSTICE ASHUTOSH MOHUNTA HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Arun Nehra, Advocate for the petitioner. Mr. H.S.Sran, Advocate for respondent. KANWALJIT SINGH AHLUWALIA, J. Present writ petition has been preferred by Mrs.Nirmal Puri widow of late Er.K.K.Puri, who retired as Engineer-in-Chief from Punjab State Electricity Board in March 1992 after rendering about 35 years of service. Mr.K.K.Puri left this world for heavenly abode on 30th May, 2001. Present petitioner was granted family pension with effect from 31st May, 2001. Punjab Government, vide Annexure P-1 on 25th August, 2005 accepted recommendations of fourth Punjab Pay Commission regarding pension and other retiral benefits after rationalization qua pre-1996 pensioners/ family pensioners. The recommendations of Punjab Government were accepted by the Punjab State Electricity Board vide Annexure P-2 on 14th October, 2005. Respondent Board also decided vide Civil Writ Petition No.3382 of 2007 2 Annexure P-7 to grant arrears of family pension to the family of pensioners from the date family pension has been granted. Grievance of the petitioner is that her husband was entitled to arrears of pension w.e.f. 1st January, 1996 to 30th May, 2001 on account of revision of pension w.e.f. 1st January, 1996 as respondent board decided to extend this benefit to employees of the board from 2nd August, 2006. In the instant writ petition, notice of motion was issued. To deny the relief to the petitioner, two pleas have been raised by the respondent board. (i) Firstly that the petitioner is claiming arrears of pension of her husband from the period 1st January, 1996 to 30th May, 2001 as he has expired on 30th May, 2001. The claim of the petitioner is time barred as the petitioner has filed writ petition in February 2007. (ii) There is no provision in the Punjab Government instructions (Annexure P-1) to allow arrears of pension to the family pensioners or legal heirs. We are at loss to understand these two objections raised by the respondent board. Once the Government had accepted to increase the family pension w.e.f. 14th October, 2005 and the board decided on 15th November, 2006 (Annexure P-7) to extend this benefit, how the petitioner could have made her claim earlier thereto, even though her husband has expired on 30th May, 2001. She could only make her claim after the board had accepted the implementation of re-fixation of the family pension after the fourth Punjab Pay Commission has given the recommendations. Therefore, the first plea raised by the respondent board is untenable and cannot be accepted. Second plea of the board that there is no provision to give arrears of pension to the legal heirs, is also unpalatable. Counsel for the board stated that had the husband of the petitioner, Mr.K.K.Puri been alive, he would have been entitled to arrears in his own right. But the Civil Writ Petition No.3382 of 2007 3 benefit, which could accrue to him in the shape of arrears cannot be given to legal heirs. This contention cannot be justified either on facts or on law. Therefore, the same is also liable to be rejected. Hence, we are left with no other option except to allow the present writ petition and direct the respondent board to pay arrears of revision of pension from 1st January, 1996 to 30th May, 2001 to the petitioner in accordance with the recommendations of fourth Punjab Pay Commission as the board had already revised the family pension. The present writ petition is accepted. Relief as prayed for, is granted in favour of the petitioner. [Kanwaljit Singh Ahluwalia] Judge [Ashutosh Mohunta] Judge March 25, 2008. rps