Case Note & Summary
The case concerned a dispute over family pension under the Jammu & Kashmir Civil Service Regulations. The State of Jammu & Kashmir appealed by special leave against an order of the High Court of Jammu & Kashmir dated July 10, 1992, passed in Contempt Petition No. 2879/91. Smt. Melo Devi, a teacher, retired and claimed her dues. While the claims were under settlement, she filed a writ petition. During the pendency of the writ petition, she died. Her son, Bal Raj Sharma, was substituted as her legal representative. When called upon to submit the claims, he set up a will executed by his mother in favour of his son, i.e., the grandson of Melo Devi, regarding entitlement to future pension. The claims due on retirement and the pension to which she was entitled as on the date of her demise were calculated and the amount was deposited in court. The only question that arose was whether the grandson was entitled to family pension. The High Court directed payment of pension to the grandson and also issued contempt for non-compliance of its order. The State of Jammu & Kashmir appealed to the Supreme Court. The Supreme Court examined the definitions of 'family' under Rule 11 of Schedule 15 of the J&K CSR, Vol. II, and Para 240B(II) of CSR Vol. I. The definitions enumerate specific relatives such as wife, husband in case of female officer, sons, unmarried and widowed daughters, brothers below 18 years, unmarried or widowed sisters, father, mother, and in the second definition also married daughters and children of a pre-deceased son. The Court noted that the grandson is not included in either definition. The Court further observed that since the son Bal Raj Sharma was already an employee, he was not entitled to family pension. Therefore, the High Court was clearly in error in directing payment of pension to the grandson and issuing contempt for non-compliance. The Supreme Court allowed the appeal, set aside the High Court's order, and permitted the respondent to withdraw the amounts which stood deposited in court. No costs were awarded.
Headnote
A) Service Law - Family Pension Entitlement - Definition of 'Family' under Jammu & Kashmir Civil Service Regulations - Grandson not included in enumerated family members; will cannot override statutory definition - Held that High Court erred in directing payment of family pension to grandson and issuing contempt notice, as the grandson does not fall within the definition of 'family' under Rule 11 of Schedule 15 and Para 240B(II) of the J&K CSR.
Issue of Consideration
Whether a grandson of a deceased female government employee is entitled to family pension under the Jammu & Kashmir Civil Service Regulations, given the definition of 'family' in Rule 11 of Schedule 15 and Para 240B(II) of CSR Vol. I.
Final Decision
Appeal allowed; High Court order directing payment of pension to grandson and issuing contempt for non-compliance is set aside; respondent permitted to withdraw deposited amounts; no costs.
Law Points
- Family pension under J&K CSR is available only to enumerated relatives
- grandson is not included in the definition of 'family'
- a will cannot override statutory provisions
- son already an employee is not entitled to family pension
- High Court's contempt order set aside
