Pension benefits cannot be included in family income: HC

S Shyam Prasad | NT

Bengaluru: When assessing whether a family was in financial crisis, the pension benefits of a deceased member cannot be included in the total income of the family, the High Court has said.

The HC bench of Justice K Somashekar and Justice Rajesh Rai K thus allowed a petition by the family members of a Head Constable who died in harness seeking a job on compassionate grounds.

“In the case on hand, apart from the lump sum pensionary benefits provided, the petitioners family is getting a monthly pensionary income of Rs.22,650/- and the same would come to Rs.2,71,800/-. When the endorsements are juxtaposed with the rule, we find that the respondents have erred in considering the income from pensionary benefits in the total income of the family and hence, we hold this contention in favour of the petitioner herein,” the HC said.

Dinesh, the son of Adinarayana had filed the petition before the HC challenging the order of the Karnataka State Administrative Tribunal which had rejected his application.

His father Adinarayana was a Head Constable at City Armed Reserve, Bengaluru.

He died on October 13, 2018. Dinesh and his mother submitted a letter to the authorities seeking a job on compassionate grounds for Dinesh.

Contending that the income of the family surpasses Rs.6,95,193/-, if calculated as per Rules 4(1) of the Karnataka Civil Service (Compassionate Grounds Appointment) Rules, 1996 (CG Rules), the authorities rejected his claim.

The Tribunal also rejected his application on this question. The HC which heard Dinesh’s petition noted that, “Primarily, the rule speaks that the family of the deceased is said to be in financial crisis when the income of the family is considered from all the sources including Dearness Allowance, House Rent Allowance and City Compensatory Allowance (applicable in cities like Bangalore) should not exceed the scale of pay specified to First Division Assistant.”

However, “the rule places an embargo on considering the family pension and pensionary benefits and if any interest is accrued from such pensionary benefits among the income of the family,” the HC said.

The HC said that it was no tin consonance with the order passed by the Tribunal and quashed it.

The authorities were directed “to consider the case of the petitioner under ground of Compassionate Appointment.” (WP 16651/2023)