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PETITIONER: STATE OF JAMMU & KASHMIR

       Vs.

RESPONDENT: SHRI BAL RAJ SHARMA & ORS.

DATE OF JUDGMENT:       18/04/1996

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. G.B. PATTANAIK (J)

CITATION:  1996 SCC  (4) 736        JT 1996 (5)   600  1996 SCALE  (4)463

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave granted.      We 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:      "11. 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".

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    "The term  "family" for the purpose           of Article 240B shall mean      (a)  Wife,  in  the  case  of  male           officer;      (b)  Husband,  in  the  case  of  a           female officer;      (c)  Sons;      (D)  Unmarried     and      widowed           daughters   (including    step           children      and      adopted           children);      (e)  Brothers below  the age  of 18           years   and    unmarried   and           widowed sisters;      (f)  Father;      (g)  Mother;      (h)  Married daughters; and      (i)  Children   of  a  pre-deceased           son".      It 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.      The appeal is accordingly allowed. No costs. it is open the respondent  to withdraw  the  amounts  which  are  stand deposited in the court.