The Punjab and Haryana High Court has ruled that children adopted after retirement cannot be refused pension benefits.
The High Court has emphasized that there should be no discrimination in awarding family pension to legally adopted children solely based on the timing of their adoption.
Justice Tribhuvan Dahiya issued the directive while granting relief in a petition filed by Vikas Kumar, a resident of Jhajjar district in Haryana. Mr. Kumar had sought to overturn a Haryana government order dated February 14, 2019, which had rejected his claim for family pension. He also sought instructions to release the family pension retroactively from September 24, 2012, along with accrued interest until he reached 25 years of age.
The petitioner’s father retired from military service on July 4, 1970, receiving military pension. Subsequently, he joined the Haryana government as a ‘barkandaz’ (guard) on September 27, 1971, and was later promoted to ‘daffedar.’ After retiring on July 31, 1987, he legally adopted the petitioner on March 1, 2000. Unfortunately, he passed away on January 26, 2011.
Despite Mr. Kumar’s application for family pension from the department, it was denied without explanation.
