CWP No.18150 of 2008.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.18150 of 2008 Date of Decision: 22.03.2010 **** Swarn Rani Megh . . . . Petitioner VS. State of Punjab and others . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Veneet Sharma, Advocate for the petitioner Mr. B.S. Chahal, DAG, Punjab Mr. Harvinder Singh, Advocate for respondent No.5 Mr. Kanwaljit Singh, Senior Advocate for Mr. Varun Kumar ***** SURYA KANT J. (ORAL) (1). The petitioner is the second wife of late Hans Raj Megh who before his death had retired from the Indian Administrative Service (IAS). She seeks a mandamus to direct the official respondents to release all the service benefits of the deceased officer and also ‘family pension’ to her and the two minor children born out of the second wedlock. (2). The above-stated relief has been mainly opposed by the three sons born out of the first wedlock including the CWP No.18150 of 2008.doc - 2 – applicant, namely, Varun Kumar, who was below 25 years at the time of death of his father. (3). After notice of motion and having heard learned counsel for the parties, the following interim order was passed on 5th February, 2010:- “It appears that the family pension has not been released to the legal heirs of the deceased (Mr. Hans Raj Megh) official on account of the dispute between the children of his two wives. Even according to the stand taken by the respondents, Varun Kumar (youngest son of the deceased from his first wife) as well as two children born out of the 2nd wedlock of the deceased with the petitioner, were/are admittedly minors and were entitled to family pension. Post again on 22.03.2010. Meanwhile, subject to final orders that may be passed in the writ petition, the official respondents are directed to release family pension proportionately amongst Varun Kumar (son); Radhika (daughter) and Arun Kumar (son) of the deceased in equal shares and submit a compliance report on the adjourned date.” (4). It is pointed out that Varun Kumar – one of the sons of the deceased-officer from the first wife, has also attained the age 25 years w.e.f. 1st March, 2010. He was, thus, entitled to family pension only upto that date. On the other hand, it is not in dispute that the petitioner, who is widow of the deceased-officer, is fully eligible to receive the ‘family pension’. (5). In this view of the matter and the agreed stand taken by counsel for the parties, it is directed that from the date Varun Kumar – son of the deceased-officer attained the CWP No.18150 of 2008.doc - 3 – age of 25 years, the entire ‘family pension’ shall be released proportionately to the petitioner (Swaran Rani) and her minor children, namely, Radhika and Arun so long as they are eligible to receive the same. Till Varun Kumar – one of the son born out of the first wedlock shall be entitled to 1/4 share till he attained/attains the age of 25 years. (6). As regards the claim for appointment under the ex gratia policy, it appears that Varun Kumar son of the deceased- officer from the first marriage, though has attained the majority but is unemployed. Similarly, the petitioner – widow is also unemployed. In these circumstances and keeping in view the competing claims of the applicant and the petitioner, the competent authority is obligated to hold a fact finding enquiry to ascertain their source(s) of livelihood, if any, and then determine as to who out of the two was a better and preferential claim for such employment. (7). The writ petition is accordingly disposed of with a direction that the competent authority shall hold a fact- finding enquiry as directed above and take a final decision in the matter within a period of four months from the date of receipt of a certified copy of the order. (8). Ordered accordingly. (9). Dasti . CWP No.18150 of 2008.doc - 4 – (SURYA KANT) JUDGE 22.03.2010 vishal shonkar