Case Note & Summary
The case involved appeals concerning the entitlement of dependents of deceased ad hoc appointees to family pension under the Punjab Civil Services Rules and the Family Pension Scheme, 1964. The respondents were the widows of three deceased individuals who had been appointed on an ad hoc basis for six months. The Supreme Court examined the nature of their appointments, which were temporary and could be terminated without notice. The court noted that the appointments were not regularized and the deceased employees did not meet the criteria for being considered government employees under the relevant rules. The court highlighted that for family pension eligibility, the service must be substantive and permanent, which was not the case for the deceased. The High Court had previously ruled in favor of the respondents, stating that completion of one year of service was sufficient for family pension eligibility. However, the Supreme Court disagreed, emphasizing that the employees must be in a pensionable establishment and have a substantive post. The court ultimately set aside the High Court's judgments, ruling that the dependents were not entitled to family pension due to the nature of the deceased's employment. The appeals were allowed without any order as to costs.
Headnote
A) Employment Law - Family Pension Eligibility - Dependents of ad hoc appointees not entitled to family pension - Punjab Civil Services Rules, 1972, Rule 3.12 - The court held that only employees who are in substantive and permanent employment are eligible for family pension, and since the deceased were ad hoc appointees, their dependents could not claim this benefit (Paras 10-34).
Issue of Consideration
Whether the respondents being dependents of the deceased ad hoc appointees are entitled to grant of family pension under the Punjab Civil Services Rules and Family Pension Scheme, 1964.
Final Decision
The Supreme Court set aside the High Court's judgments, ruling that the dependents of the deceased ad hoc appointees were not entitled to family pension due to the nature of their employment. The appeals were allowed without any order as to costs.
Law Points
- Family pension eligibility
- temporary employment
- substantive service
- Punjab Civil Services Rules
- Family Pension Scheme
- 1964
