- (1.)Petitioner Balwant Kaur has filed the present writ petition under Articles 226 and 227 of the Constitution of India with a prayer that a writ of mandamus be issued directing the respondents to pay her family pension and other pensionary benefits payable to her being dependent of deceased Nachhatar Singh, son of the petitioner.
(2.)It is stated in the writ petition that Nachhatar Singh, who was employed as a Jamadar in the Revenue Department, Punjab, retired on attaining the age of superannuation on May 01, 1981, he was getting pension as permissible under the rules. It is further submitted that Nachhatar Singh was unmarried and the petitioner was wholly dependent upon him. She has no independnet source of income. Nachhattar Singh died on March 09, 2000, leaving behind his mother Balwant Kaur, petitioner as the only legal heir. It is further mentioned that she furnished a dependency certificate issued by the competent authority to the respondent with a request to release family pension in her favour but nothing has been done so far. Hence, the present petition has been filed.
Upon notice, respondents put in appearance and had filed short reply on behalf of respondent No. 4, wherein a specific stand has been taken that the mother does not fall within definition of family under Rule 6.17(3) of Punjab Civil Services rules, Chapter-VI, Volume-II. As such, no family pension can be released in favour of the petition.

Counsel for the parties heard.

(3.)During arguments, counsel for the petitioner brought to the notice of this Court, instructions dated 16.7.1998, wherein some amendments have been made in the rules to provide further benefit to the pensioners of the State of Punjab. A reading of this document shows that amendment has also been made in Rule 6.17(3) of the Punjab Civil Services Rules, Chapter-VI, Volume-II and parents who are dependents and whose income was not more than Rs. 2620/- per mensum were included in the definition of family. Amendment in the Rule has not been controverted by the counsel for the State. This amendment is applicable from 1.1.1996.