In the matter of execution petition
Daljit Singh Mann
(Querist) 23 November 2013
This query is : Resolved
A, who was serving as government employee under Punjab state government has passed away with 6 years length of service. B, wife of A filed civil suit for declaration against State of Punjab for pension and the same was decreed by civil judge junior division. Accountant General Punjab, who is competent to grant pension to government employees of Punjab State and who had not been joined as party in civil suit, denied the claim of decree holder on the ground that total length of service of A is less than 10 years and as per Punjab Civil Service Rules any government employee having service less than 10 years is not entitled to pension. Now B filed the execution petition and Hon'ble Court attached the property of Office of District Officer but the situation is that District Officer can not grant pension without approval of Accountant General Punjab but Accountant General Punjab is not bound to do so as he had not been joined as party in civil suit. My question is that legal maxim lex non cogit as impossibalia will apply here in this case ? What should District Officer do now at this stage??
ajay sethi
(Expert) 23 November 2013
state govt ought to have in suit proceedings made an application for making Aacountanht general a party to the suit . pointed out provisions that deceased was not entiled to pension as he did not complete 10 years of service .
DO should file an appeal against the impugned order of the court and for stay of execution proceedings
Rajendra K Goyal
(Expert) 23 November 2013
Well advised by the expert ajay sethi ji, nothing more to add.
