IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 1896 of 2011 Date of Decision: 29.08.2011 Navjagroop Singh and another ...Petitioners Versus Accountant General, 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. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present : None for the petitioners. Mr. B.S.Chahal, DAG, Punjab. Mr. Dipak Arora, Advocate. **** SURYA KANT, J.(Oral) Petitioner No.1 is the minor son while petitioner No. 2 is the wife of late Jagroop Singh who was a Teacher in Education Department when he unfortunately died in a road accident on 23.07.2004. Petitioner No.2 was pregnant at that time as petitioner No.1 was born on 30.07.2004. Petitioner No.2 was granted family pension vide PPO No. 50032/S/PB in case No. PEN-10/3-24/2004-05 w.e.f. 28.03.2004. She later on got remarried with one Manjit Singh son of Gurmej Singh on 01.05.2010 and surrendered the 'family pension'. In the present writ petition, the claim for family pension is confined to petitioner No.1 only. In view of Rule 6.17(3) of the 'Family Pension Scheme' as applicable in the State of Punjab, there CWP No. 1896 of 2011 [2] can be no exception to the entitlement of petitioner No.1 to family pension till he attains the age of 25 years and/or start earning his own livelihood whichever is earlier. This fact has been duly acknowledged by the Senior Accounts Officer of the office of the Accountant General, Punjab in his letter dated 10.8.2010 addressed to the District Treasury Officer, Gurdaspur (Annexure P-1), the contents whereof are to the following effect:- “Sub: Regarding transfer of family pension in the name of Navjagroop Singh Buttar son of late Shri Jagroop Singh, Date of Death : 27.03.2004, PPO No. 50032/3/PB. Ref: 42 dated 10.8.2010. In this connection it is stated that family pension in the case of late Jagroop Singh may be transferred in the name of Navjagron Singh son of late Jagroop Singh in place of Kanwaljit Sekhon w.e.f 01.05.2010 till the age of 25 years of age or marriage or start to earn his livelihood whichever is earlier under the guardianship of Smt. Kamljit Sekhon necessary note may be kept in both halves of PPO Joint P/graph are enclosed herewith.” For the reasons aforestated, the writ petition is allowed. The respondents are directed to release family pension to petitioner No.1 forthwith from the date it was surrendered by petitioner No.2 with all consequential arrears. The grand father of petitioner No.1 is being represented herein and is stated to have instituted proceedings in the Guardianship Court for the custody of petitioner No.1. In the event of any order by the Guardianship Court to handover the custody of petitioner No.1 to some other lawful guardian, the family pension CWP No. 1896 of 2011 [3] to petitioner No.1 shall be paid through such newly appointed guardian. So long as petitioner No.1 is in the custody of his mother, namely, petitioner No.2, the family pension shall be payable through petitioner No.2 only. However, petitioner No.2 shall be under an obligation to maintain petitioner No.1 properly and ensure his upkeep to the entire satisfaction of the Guardian Court. Dasti. (SURYA KANT) 29.08.2011 JUDGE 'ravinder'