Family Pension Rules: A married daughter is entitled to her father’s pension. After the mother passes away, the daughter has a claim to the family pension. The Punjab and Haryana High Court made a significant ruling. Now, a married daughter with 70% disability cannot be denied her deceased father’s family pension just because she is married or her husband’s income exceeds the set limit. This ruling supports the daughter who contested the government department’s decision to halt the pension. Previously, the Labor Court (CAT) had upheld the government’s stance, prompting the daughter to take her case to the High Court.
So, what’s the story?
The father of the daughter died on October 10, 2014. He had retired from government service in June 1999 and was receiving a pension. After the mother died, the daughter, who is also 70% disabled, was the sole legal heir. She applied for her father’s family pension, but the government denied her request, citing insufficient documentation and her husband’s income.
The government claimed that since the daughter was married and her husband had a government job earning Rs 4.22 lakh a year, she was not dependent on her father. However, the daughter was already disabled and had no income of her own. The government accused her of misusing the rules. Referring to the Punjab Civil Services Rules, they argued that her husband’s income surpassed the monthly limit of Rs 3,500 plus DA, thus disqualifying her from receiving a pension.
However, the High Court made it clear that marital status does not matter. Being married should not affect a disabled daughter’s eligibility for a pension. It’s incorrect to consider the husband’s income as the daughter’s income. A disabled daughter is entitled to a lifelong pension. If she is so mentally or physically disabled that she cannot support herself, she will receive a pension for life, regardless of her age or marital status. The High Court stated that the government wrongly denied the pension.
The court mentioned that the daughter had provided all necessary documents. The government dismissed her claim without a proper review. It’s totally incorrect to treat the husband’s income as if it belongs to the daughter. The court criticized the government, saying that refusing a pension to a disabled daughter is unjust and against the rules.
The daughter deserves a family pension. The pension should be issued right away. Additionally, 9% interest should be added to the unpaid amount. The government will also need to cover Rs 25,000 in legal fees. This High Court ruling is seen as a significant win for women with disabilities and their rights. It shows that even after getting married, a daughter with a disability shouldn’t lose her parental rights.