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Spouse convicted within the homicide case of her husband, she’d nonetheless be getting the Pension: P&H Excessive Courtroom

Wife convicted in the murder case of her husband, she’d still be getting the Pension: P&H High Court

It is not disputed that the petitioner has committed the offence of murder and is on bail and her sentence has been suspended and, therefore, she requires to maintain herself and cannot be denied the financial assistance

Punjab and Haryana High Court

The deceased here was a Teacher, who died on 17th November 2008. He left behind his wife and children.

He was working under the Haryana Education Department. Under the Deceased Government Employees Rules, 2006 financial assistance is given to the family of the deceased.

Under this Rule, there is a specific time period, for which deceased’s family gets the Financial assistance. In the present case it was till 31st Oct 2017.

Post this period, the family receives the family pension.

On 19th November 2011, she was convicted in the case which involved Murder of her husband. She was sentenced to life-imprisonment.

Upon the conviction, authority denied to give her any financial assistance and family pension later on.

Consequently, she filed a writ petition (mandamus) seeking two reliefs:

a) Family pension including the arrears;

b) other benefits;

Court read the Deceased Government Employees Rules, 2006 and Punjab Civil Service Rules and Family Pension Rules, 1964.

After reading, Court analyzed the ‘withholding or withdrawing of the pension’ for such cases where pensioner is convicted for serious crime.

Court found that, it does not consider ‘family member receiving financial aid’ for the purpose of withholding the same.

Court held that, monthly accrual of financial support cannot be taken away statutorily.

She requires to maintain herself and cannot be denied financial assistance.

Punjab and Haryana High Court

Court further clarified that It is not disputed that the petitioner has committed the offence of murder and is on bail and her sentence has been suspended and, therefore, she requires to maintain herself and cannot be denied the financial assistance and it is not a bounty, as such, and is her right on account of the services rendered by her husband to the Government.

Resultantly, this Court is of the opinion that the order dated 12.09.2017, denying pension to the petitioner on account of her conviction, is unrelated to the death of her husband and is not sustainable and accordingly, the said order is set aside.

CWP_24430_2017_25_01_2021_FINAL_ORDER

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