Married Daughter Entitled to Family Pension: High Court Rules in Favour of Disabled Woman
In a landmark judgment, the Punjab and Haryana High Court has ruled that a married daughter—even if her husband earns above the prescribed income limit—cannot be denied her late father’s family pension, especially if she is disabled and financially dependent. The court clarified that marital status has no bearing on eligibility for family pension, bringing major relief to disabled women across the country.
This decision comes in response to a petition filed by a 70% disabled woman whose family pension claim was rejected by the government. The ruling now sets a powerful precedent that strengthens the pension rights of dependent daughters.
Background of the Case
The petitioner’s father, a retired government employee, passed away on 10 October 2014. He had retired in June 1999 and was receiving pension benefits. After the demise of her mother, the petitioner became the only legal heir eligible to receive the family pension. Despite being 70% disabled and having no personal income, her application for pension was rejected.
The government cited two reasons for denial:
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Lack of “complete” documentation, and
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Her husband’s annual income, which was ₹4.22 lakh per year.
Authorities argued that because her husband earned more than the limit prescribed under the Punjab Civil Services Rules (₹3,500 monthly + DA), the daughter could not be considered financially dependent on her father.
However, the petitioner challenged this decision, arguing that she had no independent income and was already living with a significant disability that prevented her from earning a livelihood. A lower tribunal (CAT) had earlier upheld the government’s decision, pushing her to approach the High Court.
What the High Court Said
The High Court rejected the government’s reasoning and made several key observations:
1. Marital Status Is Irrelevant
The court stated firmly that being married does not disqualify a daughter from receiving family pension, especially when she is disabled and unable to support herself.
2. Husband’s Income Cannot Be Counted as Daughter’s Income
The government had argued that the petitioner’s husband's salary should be considered as her income.
The court dismissed this by stating:
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Husband’s earnings cannot automatically be treated as the daughter’s income.
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This interpretation is contrary to pension rules and discriminatory.
3. Disabled Daughters Have Lifetime Rights
The judgment reaffirmed that:
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A physically or mentally disabled daughter is eligible for lifelong family pension, regardless of her age or marital status.
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The focus must be on the individual’s ability (or inability) to earn, not on marital ties.
4. Government Acted Arbitrarily
The court noted that:
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The daughter had submitted all required documents.
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The authorities failed to conduct proper verification and rejected her claim without valid grounds.
Calling the government’s approach “unfair and against the rules,” the court reprimanded the authorities for misinterpreting pension laws.
Final Judgment: Pension to Be Released With Interest
The High Court delivered a clear and decisive order:
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The daughter is entitled to receive her late father’s family pension.
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The government must release the pension immediately.
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All pending dues must be paid with 9% interest.
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The government must also pay ₹25,000 as litigation costs.
The court emphasized that denying a disabled daughter pension solely because she is married violates principles of equality and social justice.
Why This Judgment Matters
This verdict is seen as a major win for the rights of disabled women in India. It establishes that:
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Disability and dependency, not marital status, determine pension eligibility.
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Married daughters cannot be stripped of their rightful benefits.
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Authorities must follow pension rules in a humane and lawful manner.
The ruling ensures that disabled daughters across India do not lose access to their parents’ pension benefits simply because they are married or because their spouse earns above a certain limit.
