Calcutta High Court (Appellete Side)
Smt. Gouri Basu vs Kolkata Municipal Corporation & Ors on 20 December, 2017
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
1
20.12.2017.
Item no. 2.
Court No. 19
ap W.P. No. 13190 (W) of 2017
Smt. Gouri Basu
Versus
Kolkata Municipal Corporation & Ors.
Mr. Balailal Sahoo,
Mr. Chandra Sekhar Saha.
...For the Petitioner.
Mr. Alok Kumar Ghosh,
Mr. Arijit Dey.
...For the KMC.
This is a second round of litigation at
the instance of the widow of an erstwhile
employee of the Kolkata Municipal
Corporation.
Having heard the learned Advocate
appearing on behalf of the respective parties
as also after considering the facts and
circumstances of this case, I find that on an
earlier occasion the petitioner approached
this Court for releasing the terminal benefits
due and payable in connection with the
services of her husband, namely, Satyendra
Prasad Basu, who had been missing for a
considerable period of time.
2
The petitioner produced a certificate
with regard to Final Non-Traceability (Police
Inquiry) Report in support of her claim.
The above writ petition was disposed of
with the following directions:
"I direct the Municipal Commissioner or
a competent officer not below the rank of Joint
Municipal Corporation to be deputed by him to
release the amount due and payable to the
petitioner arising out of the service of her
aforesaid husband, Satyendra Prasad Basu
after necessary adjustment of the sum already
paid within a period of two months from the
date of communication of this order taking into
consideration the report dated September 22,
2011 issued by the Deputy Commissioner of
Police-II, Detective Department, Lal Bazar,
Kolkata - 700001, provided the petitioner is
entitled to the sum in accordance with law.
It is made clear that if the petitioner is
not entitled to get the above benefit either fully
or partially, as the case may be, the above
respondent authority shall communicate the
reason therefor to the petitioner after giving opportunity of hearing to the petitioner or her authorized representative within a period mentioned hereinabove.
This writ application is, thus, disposed of.
3
There will, however, be no order as to costs."
Subsequently, the terminal benefits of the petitioner save and except the monthly pension payable under the Death-cum- Retirement Benefit Scheme were released in favour of the petitioner regarding the payment of pension.
A Joint Municipal Commissioner (General) of the respondent Municipal Corporation made his observations in his order dated December 3, 2014 as follows:
"Regarding Pension DCRB provides that releasing family widow pension employee's Death Certificate is required. In this respect I hereby order that the Family Pension shall be disbursed on producing of the Death Certificate/a Certificate of Death from any competent Court of Law under Section 108 of the said Act.
With this matter is disposed of.
Jt. Mpl. Commissioner (G)."
Circular No.23 of 2004-05 dated October 7, 2004 issued by the Controller of Municipal Finance and Accounts is produced 4 before this Court in course of hearing to submit that for the purpose of granting family pension to the eligible family members of the employees/pensioners of the K.M.C., who have suddenly disappeared and whose whereabouts are not known, the following procedure has to be followed:
(i) "The family must lodge a complaint with the concerned Police Station and obtain a report that the employee/pensioner has not been traced out after all efforts have been made by the police.
(ii) An Indemnity Bond should be
taken from beneficiaries
concerned to the effect that all payment received from KMC shall be refunded to KMC in the event the missing employee/pensioner re-appears and claims his dues.
(iii) The above benefit may be sanctioned by the Sanctioning Authority.
(iv) All KMC dues outstanding against the KMC employees/pensioners shall be recovered under normal rules/orders.5
(v) The family concerned shall apply to the Head of the office of the KMC employee/pensioner for grant of family pension etc., after one year from the date of disappearance of the KMC employee/pensioner.
(vi) Head of Department after scrutiny will forward the file with his/her recommend to the Pension Cell through concerned IFU for obtaining sanction from C.M.F & A. This circular is issued with the approval of Municipal Commissioner.
(A.OHID) Controller of Municipal Finance and Accounts."
Today it is submitted by Mr. Alok Kumar Ghosh, learned Advocate appearing on behalf of the respondent Municipal Corporation that perhaps the order dated December 3, 2014 was passed by the Joint Municipal Commissioner (General) without considering the Circular No.23 of 2004-05 dated October 7, 2004.
In view of the above, the aforesaid order dated December 3, 2014 passed by the Joint 6 Municipal Commissioner (General), Kolkata Municipal Corporation is quashed and set aside partially so far as the observations made therein with regard to releasing the pension under Death-cum-Retirement Regulation.
The authority of the respondent Municipal Corporation is further directed to take steps accordingly in the matter of releasing the family pension etc. in favour of the petitioner taking into consideration the aforesaid Circular No. 23 of 2004-05 dated October 7, 2004 within a period of two months from date.
This writ petition is disposed of accordingly.
There will be, however, no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible on compliance of all necessary formalities.
7(Debasish Kar Gupta, J.)