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14 years after teacher son’s death, Punjab and Haryana High Court grants pension to mother

The Punjab and Haryana High Court ruled that nomination for family pension after the husband’s death does not bar the mother’s claim for financial assistance following the unmarried son’s demise in service.

4 min readChandigarhDec 23, 2025 01:49 PM IST

The court emphasised that eligibility under the 2006 Rules is governed by the Family Pension Scheme, 1964

In a significant ruling on compassionate financial assistance for families of deceased government employees, the Punjab and Haryana High Court has allowed the appeal of the mother of a Sanskrit teacher who died in harness in 2011, and directed Haryana to release benefits under the Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2006.

Justice Pankaj Jain, while pronouncing the judgment on December 22 in RSA-4194-2017, overturned the decisions of the trial court and the lower appellate court that had dismissed Kalawati’s suit on grounds of suppression of facts and lack of dependency.

Kalawati’s son, Hari Har Mohan, an unmarried Sanskrit teacher posted at Government Middle School, Sanghore, Kurukshetra, died on October 11, 2011, while drawing a salary of Rs 38,570. She claimed to be wholly dependent on him and sought financial assistance equivalent to his last drawn salary until the date of his superannuation, followed by a family pension.

The Haryana Government contested the claim, pointing out that Kalawati’s husband, Sat Narain Shastri, a retired government employee, was receiving a monthly pension of Rs 15,475 and had nominated her for family pension after his death. The lower courts held that this made her ineligible, as she could not be considered wholly dependent on her deceased son, and also criticised her for not disclosing her husband’s pension in the plaint.

Justice Jain, however, held that the lower courts erred in their approach. He observed: “It stands proved that the husband of the plaintiff is earning a pension as a retired Government employee. Merely for the reason that she failed to disclose the fact qua her husband earning pension would not disentitle her from maintaining her claim. Admittedly, she has no independent source of income.”

The court emphasised that eligibility under the 2006 Rules is governed by the Family Pension Scheme, 1964, which expressly includes parents of an unmarried deceased employee in the definition of “family”. Rule 3 of the 2006 Rules states: “The eligibility to receive financial assistance under these rules shall be as per the provision in the pension/family pension scheme, 1964.”

Relying on a division bench judgment in Kartar Kaur and anr vs Union of India and ors (2011), the court noted that denying family pension to a mother simply because her husband receives pension is discriminatory.

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Justice Jain quoted the earlier ruling: “The husband of the petitioner is an Ex-serviceman who is getting a meagre amount of pension as a matter of right. His wife can not be denied the benefit of an ordinary family pension… The petitioner/mother has no other source of income, and her claim for pension can not be rejected on the ground that the pension of her husband exceeds the mean limit fixed by the Government.”

“Merely for the reason she has been nominated by her husband to receive family pension in the event of his death would not disentitle her from claiming financial benefits under 2006 Rules qua death of her unmarried son,” Justice Jain concluded.

The Punjab and Haryana High Court allowed the appeal, set aside the earlier judgments, and directed the Haryana Government to pay arrears with 6 per cent interest from the date of accrual. The court said if payment is delayed beyond three months from the judgment, interest will rise to 9 per cent per annum.

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

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