of Jammu & Kashmir Vs. Shri Bal Raj Sharma & Ors  INSC 572 (18 April 1996)
K.Ramaswamy, K.G.B. Pattanaik (J)
1996 SCC (4) 736 JT 1996 (5) 600 1996 SCALE (4)463
O R D
have heard learned counsel on both sides. This appeal by special leave arises
from the order of the High Court of Jammu & Kashmir dated July 10, 1992
made in Contempt petition no. 2879/91. The admitted position is that one Smt. Melo
Devi, a teacher, claims her dues after her retirement. While the claims were
under settlement, she filed a writ petition. pending writ petition, she died.
The son of Melo Devi, by name Bal Raj Sharma, was substituted as legal
representative. When he was called upon to submit the claims, he had also set
up the will executed be his mother in favour of his son, viz, the grandson of Melo
Devi, as to his entitlement to future pension. We are informed that the claims
due on her retirement and the pension to which she was entitled as on the date
of her demise were calculated and the amount was deposited in the court. The
only question, therefore, is: whether her grandson is entitled to the family
pension? 'Family' has been defined in Rule 11 of schedule 15 of the J & k
CSR, Vol. II and para 240 B (II) of CSR Vol. 1 thus:
For purpose of these rules the term "Family" shall mean- (a) Wife,
(b) Husband, in case of female officer, (C) (Minor) sons, (d) unmarried and
widowed daughters, (e) Brothers below the age of 18 years and unmarried or
widowed sisters, (f) father, and (g) Mother".
term "family" for the purpose of Article 240B shall mean
Wife, in the case of male officer;
Husband, in the case of a female officer;
Unmarried and widowed daughters (including step children and adopted children);
Brothers below the age of 18 years and unmarried and widowed sisters;
Married daughters; and
Children of a pre-deceased son".
would thus be seen that grandson is not one of the members of the family for
which he is entitled to lay any claim on the basis of a will said to have been
executed by his grandmother. It would be seen that since her son Bal Raj Sharma
is already an employee, hi is not entitled to the family pension. Under those
circumstances, the High Court was clearly in error in directing payment of
pension to grandson and also issuing contempt for non-compliance of its order.
appeal is accordingly allowed. No costs. it is open the respondent to withdraw
the amounts which are stand deposited in the court.