Himachal Pradesh High Court Grants Family Pension to Elderly Parents After 24 Years
Significant Ruling by Himachal Pradesh High Court
Shimla: In a landmark decision, the Himachal Pradesh High Court has determined that the parents of a deceased government employee are eligible for a family pension even if their son's widow remarries.
The court accepted a petition from the elderly parents of a late soldier, overturning a previous rejection of their claim made 24 years ago. The bench, led by Justice Sandeep Sharma, annulled a 1999 central government directive that denied the family pension to the petitioners.
The court instructed the relevant authorities to reassess the petitioners' request for the family pension and to reach a conclusion within six weeks, in line with Rule 50, Clause 10 of the Central Civil Services (CCS) Pension Rules. A follow-up hearing is set for July 22 to ensure adherence to the court's orders.
Court Prioritizes Justice Over Delay
The high court also rejected the central government's argument regarding the 24-year delay in filing the petition, asserting that such delays should not hinder justice when individuals continue to face hardship.
However, the court clarified that any pension arrears would only be applicable for a period starting three years prior to the petition's filing.
The petitioners contended that according to Rule 50 of the CCS Pension Rules, a widow loses her entitlement to the family pension upon remarriage, thereby making the deceased employee’s dependent parents the rightful recipients.
A Long Wait for Justice
The case was initiated by Shankari Devi and her husband Sitaram, parents of Lekh Ram, a Border Security Force (BSF) member who began his service in 1979. Tragically, Lekh Ram passed away in 1985, just ten days after his marriage. His widow initially received the family pension but ceased it in 1990 after remarrying.
Despite their repeated appeals to the authorities for the family pension to be transferred to them, the central government consistently denied their requests, citing the unreasonable delay of 24 years.
Now at 83 years old, Shankari Devi has taken her case to the high court. During the legal proceedings, her husband passed away, underscoring the emotional strain and urgency of this prolonged case.