The Punjab and Haryana High Court has reprimanded the Chandigarh administration for denying family pension to a 70 percent disabled daughter just because she was married. The court clearly said that denying pension to a disabled daughter who is unable to earn on her own and who got married after her father’s death is against the rules. The court not only rejected the administration’s petition, but also ordered that Poonam’s family pension be released immediately. Along with this, 9% interest should also be given on the outstanding amount and the UT administration will also have to pay a cost of Rs 25,000.
The division bench of Justice Sanjeev Prakash Sharma and Justice HS Grewal said that denying pension to a disabled daughter is an unfortunate and insensitive attitude. The victim Poonam’s husband is also 100 percent disabled, so it is wrong to stop the pension on the basis of his income. The court said, “The daughter’s right does not end just because she gets married. Disability and inability to earn a livelihood is the main basis.
Clarified – Pension will be given despite marriage
The bench, citing the provisions of Rule 6.17 of the Punjab Civil Service Rules, said that if a son or daughter is mentally or physically disabled to such an extent that he or she is unable to earn, then he or she has the right to family pension despite being over 25 years of age and married.
Poonam’s father retired on June 30, 1999 and passed away in October 2014. Poonam applied for family pension with all the necessary documents, but the accounts officer rejected it citing her husband’s income. The court described this decision as “mechanical and thoughtless”.
