Spouse convicted in her husband’s homicide case would nonetheless get the pension: P&H Excessive Courtroom

Wife convicted in her husband’s murder case would still get the pension: P&H High Court

It is undisputed that the petitioner committed the crime of murder and is on bail and her sentence has been suspended. Therefore, it has to sustain itself and cannot refuse financial support

Punjab and Haryana High Court

The deceased here was a teacher who died on November 17, 2008. He left behind his wife and children.

He worked in the Haryana Education Department. According to the rules for deceased government employees, the deceased’s family will receive financial support in 2006.

According to this rule, there is a certain period for which the family of the deceased receives financial support. In the present case, it was until October 31, 2017.

After this period, the family receives the family pension.

On November 19, 2011, she was convicted of the case involving the murder of her husband. She was sentenced to life imprisonment.

After the sentencing, the authorities later refused to give her any financial support or family benefits.

As a result, she submitted a written petition (mandamus) requesting two reliefs:

a) family pension including arrears;

b) other services;

The court read the 2006 Deceased Government Employee Rules and the Punjab Civil Service Rules and 1964 Family Pension Rules.

After reading it, the court analyzed the “withholding or withdrawing pension” in cases where the pensioner is convicted of serious crimes.

The Court found that it was not considering “family members in receipt of financial assistance” in order to withhold them.

The court ruled that the monthly provision for financial assistance cannot be legally taken away.

It has to be self-sustaining and cannot receive financial support.

Punjab and Haryana High Court

The court also clarified that it is not disputed that the petitioner committed the crime of murder and is on bail and that her sentence has been suspended. Therefore, she must be self-sustaining and cannot refuse financial assistance and it is not a bounty. as such and is her right by virtue of the services her husband renders to the government.

As a result, the court is of the opinion that the decision of 12.09.2017, with which the petitioner is denied the pension due to her conviction, has no relation to the death of her husband and is not sustainable, which is why the decision is overturned.

CWP_24430_2017_25_01_2021_FINAL_ORDER

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