Chandigarh – In a significant judgment that brings major relief to surviving spouses across the state, the Punjab and Haryana High Court has ruled that a second wife cannot be denied a full family pension. The court declared that when a widow is the sole surviving and eligible claimant, she is entitled to the entirety of the pension benefits.
The Case Background
The petition was filed by a resident of Gurdaspur whose husband, a former District Treasury Officer with the Punjab Government, passed away on November 14, 2011. While his first wife had passed away on November 6, 1980, the petitioner had married the deceased official on May 30, 1992.
Following his death, the Accountant General’s office issued a pension payment order on August 3, 2015, which restricted the petitioner to only 50 percent of the family pension, citing her status as a “second wife”.
Judicial Observations
Presiding over the case, Justice Namit Kumar set aside the restrictive order issued on May 25, 2022, which had limited the petitioner’s claim. The court observed several key points during the proceedings:
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Misinterpretation of Rules: The court clarified that restricting a widow to 50 percent of the pension merely based on her status as a second wife constitutes a misinterpretation of existing rules.
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Inapplicable Regulations: The legal provisions regarding the division of pension among multiple surviving widows were deemed inapplicable, as the petitioner was the sole surviving wife at the time of the employee’s death.
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Fundamental Intent: The court emphasized that the family pension scheme is designed to ensure financial security. Leaving a portion of the pension unpaid when there is only one eligible claimant runs contrary to the fundamental spirit of the scheme.
Court Mandate
Following the verdict, the High Court has directed the concerned government department to release the full family pension to the petitioner. Furthermore, the department has been ordered to process and pay all outstanding arrears to the widow, along with the applicable interest.
This decision establishes a critical precedent, ensuring that bureaucratic hurdles regarding marital status do not deprive eligible survivors of their rightful financial support.
Published by City E News. This article is intended for informational purposes and does not constitute formal legal advice.
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