The judgement was passed by Justice Manju Rani Chauhan allowing the writ petition of Urmila Singh who was living separately from her husband but was completely dependent on the maintenance of Rs 8,000 given by her husband as per directions of family court in a maintenance case.

Singh’s husband was an assistant teacher who retired in 2016 and was receiving pension till his death in 2019. After his death, Singh filed an application for receiving family pension which was rejected on the ground that her name was not mentioned in the details of family members in the documents submitted by her husband for sanction of pension.

Against this order, Singh approached the high court claiming that the fact that she was his wife and it was proved by the Gram Pradhan certificate. She was getting Rs. 8000 as maintenance.

The court held that the wife who is 62 years old and was receiving maintenance from the husband is entitled to the family pension.

The Court observed that ‘Family’ as defined under Sub-Rule (3) of Rule 3 of the U.P. Retirement Benefit Rules, 1961 includes wife, then husband, and then sons and thereafter daughters and other heirs. Rule 6 provides for Nomination by a government employee, however, the proviso restricts the nomination to family member only. Sub-Rule (4) of Rule 7 provides that the pension shall be payable to the widow of the deceased and failing the widow, it shall be provided to the eldest son.

The Court held that the age of the sons and the fact that they may be earning made them ineligible to receive the family pension, whereas the wife who was 62 years old and was receiving maintenance from the husband was entitled to the family pension.

In its judgment dated July 27, the court observed, “the family pension is statutory and beyond the employee’s unilateral control. Family pension is recognized as a legal entitlement not charity.” Accordingly, the writ petition is allowed and respondent authority is directed to release the family pension in favour of the petitioner.

Relying on Kerala High Court judgment in Union of India v. Sathikumari Amma, the Court held that “family pension is a statutory entitlement of the legally wedded spouse and cannot be revoked or excluded by any declaration, nomination or action of the deceased employee.”

Accordingly, the writ petition was allowed directing the respondent to release the family pension in favour of the petitioner.