Family Pension: A married daughter is entitled to her father’s pension. She will be eligible for the family pension upon her mother’s death. The Punjab and Haryana High Court has made an important decision. A married daughter with 70% disability may no longer be refused her late father’s family pension simply because she is married or her husband’s income exceeds the permitted maximum. This court sided with the daughter, who had challenged a government department’s decision to withhold her pension. The Labor Court (CAT) previously backed the government’s decision, prompting the daughter to file an appeal with the High Court.
Family Pension: What exactly is going on here?
The daughter’s father died on October 10, 2014. He retired from government service in June 1999 and received a pension. Following her mother’s death, the daughter, who is also 70% crippled, became the sole legal heir. She asked for her father’s family pension, but the government denied it, citing a lack of paperwork and her husband’s income.
The government maintained that the daughter was married and her husband had a government job earning ₹4.22 lakh per year, making her dependent on her father. However, the daughter was already disabled and didn’t make any money. The government accused the government of abusing the regulations. According to the Punjab Civil Services Rules, the husband’s monthly income exceeded ₹3,500 plus DA, preventing him from receiving a pension.
However, the High Court specifically held that marital status is irrelevant. A disabled daughter’s marital status does not affect her eligibility for a pension. It is improper to count the husband’s salary. It is against the rules to consider the husband’s pay as the daughter’s income. A crippled daughter will be eligible for a lifelong pension. If the daughter is so mentally or physically impaired that she is unable to work, she will be entitled to a lifetime pension regardless of age or marital status. The High Court ruled that the government incorrectly denied the claim.
The court determined that the daughter had provided all of the documentation. The government denied her claim without conducting a thorough examination. Taking the husband’s income as the daughter’s income is entirely incorrect. The court admonished the government, adding that denying a pension to a disabled daughter is unfair and illegal.
The High Court rendered its ultimate decision.
The daughter is entitled to a family pension. The pension should be disbursed immediately. The outstanding balance should also bear 9% interest. The government would pay ₹25,000 for case expenses. This High Court decision is regarded as a significant victory for women with disabilities and their rights. This stipulates that a disabled daughter’s rights cannot be taken away from her parents after marriage.
