TNR News Network
Shimla: In a significant judgment, the Himachal Pradesh High Court has ruled that parents of a deceased government employee are entitled to family pension if the widow of their son remarries.
The high court accepted a petition filed by the late soldier’s elderly parents 24 years after their initial claim was rejected. The bench, presided over by Justice Sandeep Sharma, set aside a 1999 central government order that had denied the family pension to the petitioners.
The high court directed the authorities to reconsider the petitioners’ request for family pension and make a decision within six weeks, in accordance with Rule 50, Clause 10 of the Central Civil Services (CCS) Pension Rules. The next hearing in the case is scheduled for July 22 to ensure compliance with the high court’s directions.
HC rejects delay argument, prioritises justice for elderly
The high court also dismissed the central government’s objection regarding the 24-year delay in filing the petition. It emphasised that in cases where an individual continues to suffer loss or hardship, such delays should not obstruct justice.
However, the high court clarified that any arrears of pension would be limited to a period beginning three years before the petition was filed.
The petitioners had argued that under Rule 50 of the CCS Pension Rules, a widow forfeits her right to family pension upon remarriage, making the deceased employee’s dependent parents the rightful beneficiaries.
Tragedy and a long wait for justice
The case was brought to the high court by Shankari Devi and her husband Sitaram, who are the parents of Lekh Ram, a Border Security Force (BSF) employee who joined service in 1979.
Lekh Ram died in 1985, just 10 days after his marriage. His widow initially received the family pension but discontinued it in 1990 following her remarriage.
The deceased’s parents repeatedly approached the authorities requesting that the family pension be transferred to them. However, their requests were consistently denied by the central government on the grounds that the application was filed after an unreasonable delay of 24 years.
Now, 83-years-old Shankari Devi took the matter to high court. During the legal proceedings, her husband passed away, further highlighting the urgency and emotional toll of the long-standing case.
