Case Note & Summary
The case involved a dispute over the entitlement to family pension following the death of an employee of the State Bank of Patiala. The respondent, daughter of the deceased Jai Singh, sought family pension after her mother, Smt. Birmati, was denied the same due to her opting for her own pension. Jai Singh had joined the bank in 1985 and was killed in the line of duty in 1986. Following his death, Smt. Birmati received gratuity and provident fund benefits and was later appointed in the bank on compassionate grounds. The respondent applied for family pension in 2003 after attaining majority, but the bank rejected her claim on grounds that the family pension was payable to the widow until her death or re-marriage and that the option for pension had to be exercised within a specified period. The respondent filed a writ petition, which was allowed by the High Court, leading to the current appeal. The Supreme Court analyzed the relevant regulations and found that the respondent's mother had not opted for family pension, and thus the High Court's decision was not justified. The appeal was allowed, and the High Court's order was set aside, with no costs awarded.
Headnote
A) Pension Law - Family Pension Eligibility - Denial of Family Pension - State Bank of Patiala (Employees) Pension Regulations, 1995, Regulation 3 - The court held that the respondent's mother opted for her own pension and not for family pension, thus the denial of family pension to the respondent was justified. The High Court's direction to grant family pension was set aside (Paras 9-10).
Issue of Consideration
Whether the respondent was entitled to family pension under the State Bank of Patiala (Employees) Pension Regulations, 1995.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's judgment, and ruled that the respondent was not entitled to family pension as her mother had opted for her own pension.
Law Points
- Pension Regulations
- Family Pension Eligibility
- Option Exercise
- Notification Publication
- Minor Guardian Provisions
