IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 12052 of 2009. [O&M] Date of Decision: 29th March, 2010. Smt. Surinder Kaur Petitioner through Mr. P.C.Arora, Advocate Versus State of Punjab & Ors. Respondents through Mr. B.S.Chahal, DAG, Punjab. 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? SURYA KANT, J. [ORAL] The petitioner is widow of late Gurinder Singh, who was serving as a Head Constable in the Punjab Police, when he unfortunately died on 25.10.2007. The deceased employee was firstly married to Smt. Swaran Kaur, who died in August, 1984 leaving behind one son [Gur Iqbal Singh] and one daughter [Tarvinder Kaur]. Both the children were 26 and 27 years old, respectively at the time of death of their father. The deceased employee is said to have re-married with the petitioner after the death of his first wife. The short grievance of the petitioner in this writ petition is that she is the only eligible surviving legal heir of the deceased employee but has been granted only 50% and not the full family pension. Upon notice of motion, the respondents have filed their reply/affidavit. It appears that the State Government had sanctioned full family pension in favour of the petitioner but an objection was raised by the Accountant General, Punjab on the basis of a Rule which applies only when there are more than one surviving widow of the deceased employee. As noticed earlier, the first wife of the deceased employee passed away in August, 1984 and thereafter he got re- married. In these circumstances, the said objection can not sustain. Consequently, the writ petition is allowed and the respondents are directed to re-consider the claim of the petitioner regarding payment of full family pension. The respondents, however, shall be at liberty to verify the dates of birth of the two children born out of the first wedlock of the deceased employee and if found to be major on the date of death of the employee, the petitioner shall be released full pension. Let the needful be done within a period of three months from the date a certified copy of this order is received. Dasti. March 29, 2010. ( SURYA KANT ) dinesh JUDGE