Service Law – Family Pension – Dearness Relief – Compassionate Appointment – The case involves a challenge to a judgment regarding the entitlement of Dearness Relief on family pension to the spouse of a deceased government servant. The appellant’s husband, a government employee, died in 2001, and the appellant received family pension. Subsequently, their son was appointed on compassionate grounds and later regularized, leading to the cessation of Dearness Relief to the appellant.
The respondent department relied on a clarification dated 23.1.2017, which stated that Dearness Relief on family pension would not be admissible if another family member is appointed on compassionate grounds without competition.
The appellant challenged this decision, arguing that the clarification was not in line with the relevant office memorandum dated 22.1.2001 and Rule 55-A of the Central Civil Services (Pension) Rules, 1972.
The Court held that the clarification lacked legal basis as it introduced a condition not provided for in the original office memorandum. It emphasized that the purpose of Dearness Relief is to mitigate the impact of price index rise, and denying it based on a family member’s employment status was unjustified. Consequently, the Court set aside the judgment, allowed the appeal, and directed the respondents to pay Dearness Relief to the appellant on her basic pension as per government instructions. (Para 8, 9, 18, and 19)
HIGH COURT OF HIMACHAL PRADESH
2023 STPL(Web) 377 HP
[2023 HHC 13913]
Smt. Shakuntala Devi Vs. State Of Himachal Pradesh And Ors
LPA No. 197 of 2023-Decided on 06-12-2023
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