These appeals are filed by the State aggrieved by
the judgment of the High Court, wherein the High
Court has taken a stand that the employees
transferred to non-pensionable establishments will
also be entitled to family pension in case they are
covered under Rule 5.3 of the Punjab Service Rules.
The said Rule reads as follows:-
“5.3(1) When a Government employee is
transferred from pensionable Government
service to a non-pensionable establishment,
he cannot be granted any pension or gratuity
admissible to him for the qualifying portion NARENDRA PRASAD
is transferred.
(2) A permanent Government employee who may
be permitted to be permanently absorbed in a
service or post in or under a corporation or
a company wholly or substantially owned or
controlled by Government or in or under a
body controlled by Government or in or under
a body controlled or financed by Government,
or Municipality, Panchayat Samiti or Zila
Parishad, shall, if such absorption is
declared by Government to be in the public
interest, be deemed to have retired from the
Government service from the date of such
absorption and shall be eligible to receive
retirement benefits which he may have elected
or deemed to have elected, and from the date
of such absorption or the date of his
voluntary retirement, whichever is later.
Each such Government employee is required to
exercise an option within six months of his
absorption for either of the alternative
indicated below:-
(a) receiving the monthly pension and
death-cum-retirement-gratuity under the
usual government arrangements; or
(b)receiving the death-cum-retirement-
gratuity and a lump sum amount in lieu
of pension worked out with reference to
the commutation table obtaining on the
date from which the commuted value
becomes payable.
(3) Where no option is exercised within the
specified period, the employee will be
automatically governed by alternative (b).
An employee opting for alternative (a) is
entitled to commutation of a portion of the
pension admissible to him in accordance with
the provisions of rules contained in Chapter
XI:
Provided that Government shall have no
liability for the payment of family pension
in such a case:
Provided further that no declaration
regarding absorption in the public interest
in a service or post in or under such
corporation, company, Municipality, Panchayat
Samiti or Zila Parishad shall be required in
respect of Government employee whom
Government may, by order declare to be a
scientific employee.”
2.It is the persuasive submission of the learned counsel appearing for the State that the proviso under Rule 5.3 is applicable only in case of the pensioners covered under Rule 5.3(2)(a). In other words, it is the case of the appellants that in the case of Government employees transferred to non-pensionable establishments, even if they are in receipt of monthly pension, after their death, the surviving family members will not be entitled for family pension since the proviso under Rule 5.3(3) has carved out an exception, whereby the Government has been exempted from the liability.
3.We find it difficult to appreciate the submission. Family Pension Scheme is provided under Rule 6.17, which reads as follows:-“6.17. The provisions of this rule shall apply: (a) to a regular employee of Punjab Government in a pensionable establishment on or after the 1st July, 1964; and (b) to a Punjab Government employee who was in service on the 30th June, 1964 and came to be governed by the provision of Family Pension Scheme, 1964, for Punjab government Employees.”
4.It is not in dispute that the pensioners in these appeals are covered under the Scheme under Rule 6.17(b). Nowhere under the Family Pension Scheme is there a provision carving out the class of pensioners in receipt of monthly pension so as to deny the benefit of family pension. The Scheme having granted the benefit of family pension to such pensioners, the proviso, even assuming it applies to everybody, under the general rules cannot take away the benefit since the Family Pension Scheme is a special benefit granted to the pensioners.
5.Thus, we wholly agree with the view taken by the High Court. These appeals are, accordingly, dismissed.
6.The arrears of pension shall be disbursed to the respondents within a period of twelve weeks from today and if not, the same shall carry interest @ 12% from the date of the judgment of the High Court and the officers responsible for the delay shall be personally liable for the same.
7.Pending applications, if any, shall stand disposed of.
8.There shall be no orders as to costs. [KURIAN JOSEPH] [R. BANUMATHI] NEW DELHI; AUGUST 17, 2017.