LPA No. 760 of 2002 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 760 of 2002 (O&M) Date of decision: November 27, 2009 State of Punjab and others ...Appellants Versus Ram Krishan and others ...Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Suvir Sehgal, Additional Advocate General, Punjab, for the appellants. None for the respondents. ORDER 1. This appeal has been preferred by the State against the order of learned Single Judge directing grant of pension to the respondents, parents of deceased employee. 2. Basant Singh was employed as Constable in Punjab Police. He joined in the year 1986. On 4.12.1988 he was on duty but thereafter he was never found. The parents, original writ petitioners—respondents, made a representation and also lodged FIR dated 26.10.1989 but after investigation, untraced report was filed. The respondents, thus, claimed that Basant Singh should be treated to have died and they should be given family pension. Reliance was placed on Circular dated 27.3.1991 (Annexure P/3). 3. State contested the petition by submitting that after due inquiry, Basant Singh was dismissed for absence from duty, vide order dated 2.4. 1990. 4. Learned Single Judge held that in view of the fact that parents LPA No. 760 of 2002 2 of Basant Singh alleged that he had died, order of dismissal on the ground of absence from duty was of no consequence and since more than 7 years he was not heard of, he should be presumed to have died and on that basis, pensionary benefits should be released to the parents. 5. In this appeal, main ground taken against the judgment of learned Single Judge was that parents were not covered by the definition of 'family' prior to 1.1.1996. On 30.7.2002, noticing two points raised on behalf of the State, this appeal was admitted and operation of impugned judgment stayed, which order was confirmed after service on the respondents. 6. We have heard learned counsel for the State and perused the record. 7. Learned counsel for the State relies upon order of this Court dated 11.12.2000 in LPA No. 1101 of 2000 (The State of Punjab and others versus Smt. Gurdip Kaur and others) wherein relying upon judgment of Hon'ble Supreme Court in Civil Appeal No. 4254 of 1999 decided on 3.8.1999 (State of Punjab Vs. Devinder Kaur), judgment of learned Single Judge awarding family pension was set aside. 8. In view of earlier Division Bench judgment of this Court in Gurdip Kaur (supra), we allow this appeal and set aside the impugned judgment. Writ petition stands dismissed. (ADARSH KUMAR GOEL) JUDGE November 27, 2009 (GURDEV SINGH ) perm JUDGE LPA No. 760 of 2002 3