Court rules pension is a property right, not subject to curtailment due to delayed claims.
In a landmark judgment, the Punjab and Haryana High Court has upheld the rights of Mrs. Shammi Malhotra to receive a Liberalized Family Pension with arrears dating back to January 1, 1996. The decision, rendered by a Division Bench comprising Justices Harsimran Singh Sethi and Amarinder Singh Grewal, dismissed the petition filed by the Union of India challenging the Armed Forces Tribunal's order granting the pension benefits.
The case revolves around the tragic incident involving Mrs. Malhotra's late husband, who was aboard an AN-12 aircraft that crashed near the Dhaka Glacier in Himachal Pradesh in 1968, leading to his presumed death in a military operation. The Liberalized Family Pension was instituted to support families of deceased servicemen and was made applicable from January 1, 1996. However, Mrs. Malhotra's claim for arrears was contested by the Union, which argued that arrears should only be granted from 2016.
The court, citing precedents and policy decisions, emphasized that pensionary entitlements are akin to property rights and cannot be arbitrarily withheld or reduced. It referenced the Supreme Court's stance in previous judgments, including Ram Avtar's and SGT Girish Kumar's cases, which underscored the right to arrears from the stipulated eligibility date. The court noted that denying arrears due to delayed claims would penalize claimants for administrative inaction.
The judgment reinforces the principle that the Union, as a model employer, must act fairly and extend benefits without selective application. By dismissing the Union's petition, the court affirmed that Mrs. Malhotra is entitled to full arrears from the original eligibility date, ensuring financial security for her and setting a precedent for similar cases.
Bottom Line:
Liberalized Family Pension - Entitlement of arrears from the date of eligibility, irrespective of the delay in claiming the benefit.
Statutory provision(s): Pensionary Entitlements, Liberalized Family Pension, Property Rights, Judicial Precedents.
Union Of India v. Mrs. Shammi Malhotra, (Punjab And Haryana)(DB) : Law Finder Doc id # 2957132
