Central Administrative Tribunal - Mumbai
Bolla Malathi vs Cgda on 12 October, 2023
CENTRAL ADMINISTRATIVE TRIBUNAL MUMBAT SENCH, MUMBAT ° ORIGINAL APPLICATION No 2505/2022 2023 Thursday the 12 ef October, ane firey, ie) eS { Nermbe x bere , x2 Of * & Rau 4 Applicant o Y te Shs 4 ot ob 4 2 4 7 roe é , # bs, 4, & 5 Ree Ry Oke:
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2 OA No, 2355/2022 The present OA arises by virtue oF tI dispute between the wife who is the applicant and the mother who is arrayed as respondent No.4 an the e Hi $2] wh % ct £83) ze:
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49) Ch C be ct rs iD her on the death of the husband/dsceased Government employee, has filed this OA. Tt is not in dispute that the deceased Government employee had nominated his mother @s nominee to receive the GPF accumulation amount. However, this nomination was of a date prior to the marriage of the Government employee. After marriage, the employee has submitted fresh nomination forms for. the purpose of DCRG and CSEGIS nominating his wife i.e. the applicant as nominee. However, no fresh nomination form has been submitted by him with regard to the GPP. Therefore, the dispute.
a. 'The OA has been filed challenging the orders passed by the respondents dated 09° August, 2021 and p9%. September 2021. Vide these two orders, the respondents have intimated to the applicant that her GPF claim cannot be processed further as the mother cy ae oH ot
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Bey oy Y qa aE = wing + Ge, ry amount outstanding to the credit of subscrioer. HE has also relied upon the Rule 5 of the GPF {CS} Rules family at the time of making the nomination shall make such nomination only in favour oF a member or members of his family. Thus, he submits that relied upon a certificate of family members issued by the Revenue Department of the Government of Telengana wherein vide the certificate dated 235'* August, 2021, yoo 3 ae + Wa, My ye SF only the applicant has been mentioned as the famiiy.
$3) oy tS A ms C ps ws ct ee 6 we) if = or 3 'waa t 2 ur @ te 4 representations and in those representations, she mentioned that the respondent No.4/ mother in law's name was mentioned as nominees as the said ferm was filled up before hi {8 (B marriage, at the time of entry into the service and after the marriage i * Od c O ct @) Q xq
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103) 63 oy and ignorance, fresh nomination form was not submitted. She has ro submitted that no children were born from this re ee _ en oe oe Jay me -- aia Ke wrantkant panericiary of the deceased, she should be granted aye ety wt eee 4 -- ae tee ee A, wt oy 4 --iats faye great Stress OTs one subseriber & nominatian LOEW Aa eA ae which was filled in by the applicant et the time of x Sa yop +, xt any we + ~ om. Ba joining service. He submits that as per the mae et AA ape 3 : 3 : - meet Wye Yoa Provided are AS under (not lecibis CoV Name of the) Relationship Age | Contingencies on the Name, address & momunee iniwith the happening of which relationship of person(s) if the event of subseriber the nomination shall any .... the right of the subsoriber become invalid nominee shall pass in the death, event of his death before the subscriber. B.SUGUNA (MOTHER 57 | Onacquiring family | (Brother } PUM. 12.1 1- 8. SUGUNA 475, HNO 2-11-4 78, WAR . . WAR ASIGUDA ASIGUDA | 7 . SECUNDERABAD ~ 61. SECUNDERA BAD ~ 61(4-D)
5. AS per the nomination form, the nomination in favour of respondent No.4 was only till the time apelicant acquired his own family. According to the ecungel, Once the applicant got. married, the nomination in favour of respondent No.4 would 5 automatically become invalid and wife would he OA No. 2535/2022 filed their Fund, have eligible for the &. The official respondents reply as has been filed by respondent No.4/ mother who is also contesting this OA. ?. Ine official respondents have submitted that their action is strictly based upon the rules and wishes of the deceased employee. The respondents submit that last GP Fund statement for the month of March, £021 shows the closing balance as Rs.52 lacs and the mot er has been n aned as nominee with 100% share in her favour. It is submitted that the deceased employee had given nomination in favour of the wife/applicant in case of CGEGIS, DCRG and heave aS such, honouring the wishes of the have released all the above sukmi Encashment the respondents deceased, payments to the applicant. The that, the nomination form clearly specifies that the mother is the nominee in the case of GP Pund and, therefore, they have not released the same to the applicant. They have also relied upon Rule 5 of GEF (CS} Rules, 1960 which stipulates that'.... on the oF any event by reason of which the CCcurrence © MOMINat ren > , 4 a 43 a i Go zo) a oy 13 #) oe oe ss wo a 15 a) cS if <ef ded x4 as 43 rs oo th 3 an) Yet uo ® o "ef BD kl SB yo gy gE w fs oO OM wy #2 isi iG & ts c U ro © rt G a wv G + ie us a i os, ct vr Tee Py 2 ' G Z AM es , ° G iS q
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So a 8 @ 8 8 go m 6 G& * e 3 a & hese oO 5 a is nN a Q @ 4 a Ud a 4 ches : aad " rod sy va © 4 oA : 2 Sa y a Son 4 oO G3 ba u oy t wef a4 . # eo re 8 G&G @ Bo on ey a Seo OB zs) be et a wp ed = ae oo a wm a m 'e, wd 2 e: cn G4 ey) i ayod rc oy tebe a ted wy WJ 4H 4 Re & S ria or4 4 G * oS i. i ie aa a unt o O & SB & a, its O Mt v ot me de 8 OA No. 2585/2022 GPF, Therefore Respondent No.4 is alone entitied to the same.
ZO. tT have heard learned counsel for the applicant and learned counsel for the official and private respondents and gone through the material available on recerd id. The undisputed facts are that the applicant 43 the widew/legally wedded wife of the deceased and respondent No.4 is the mother. That wost marriage the deceased had expressly changed the nomination in respect of DCRG, CGEGTS but not with respect to GPF.
* he ate The deceased employee at the last stage of his 13 i.e, 2020-21 has reduced his monthiy subscription of GPP amount two times after his hospitalization in September, 2020; wherein in the month of November 2020, he had reduced the GPP subscription from Rs 68000 to Rs.1$000 and immediately in another month of December 2020 From Rs.i5000 to Rs.5000. Even at that time, he did not choose to update instructions with regard to nomination.
Te 5 ayiat4 7 << OT ox oy = . eo + ig. Accumulation of GPF amount of an employee is a property. Any person nominated ah @ppropr.ace 9 OA No. 2853/2022 Se de genie $3 Mees aR ee ' format is oniy the receiver thereof. It doss not vest AYA pore yo ge Gen edee thee be FO ~ Sy " he 2 es : Bes og i} oa Tey ee any FAM, CLLELS OF ANCeresi in Fespece of the Same. 4 + Bet ny fA ee on a 2 gs eet a4 Y The QUEST LOM» TNnere@rore, 8 WhetMer Lie mother/respondent No.4 er the widow/applicant is po 4 5 ' x 4 . ran ~ 5 2 + entities VO . PeceLlve the BMOUo. A Nominee AS & x Dex ree amy ey 2 ee aa 3 ss wen - eoepen ae teed ds a es the beneficlaries. Tt dees not confer exclusivity. It Lo ie) mS Oo ct c @ Cy tu
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a8) ae ct ean 1s dy the same was a nullity or vold as the employee had at ee a Aa Pe : Law d tap tyes atc thie wes G&iready acaqpired a family on the date when such sus Rule 5 of Rule S atates as under :-
"¢3) A subscriber may provide in a nomination-
fa} In respect of any specified nominee, that in the event of his predeceasing the subscriber. the right conferred upon that nominee shall pass to such other person or persons ax may be specified in ie Nomination, provided that such other person or persons shall, if the subscriber has other members af his family, be such other member or members. Where the subscriber confers such a right on move than one person under this clause, he shall specify the amount or share payable to each of such persons in such a manner as to cover the whole of the amount payable to the nominee.
fbi that the nomination shall become trvalid in the event of the happening of a contingency specified therein:
Provided that if at the time of makine the nomination the subscriber has only one member of the family, he shall provide in the nomination that the right conferred upon the alternate nominee ig OA No, 2352022 under Clause f(a) shall become invalid in the event of his subsequently acquiring other member or members in his faunily"
23. In is the case of contingency specifi nomination form was "acquiring a family", as such it shall be deemed that the subscriber had nominated & LLS wife on marriage. The respondents have argued that in the event the subscriber subsequently acquires 4 Family, ha/she is required to nominate afresh in terms of sub rule & of the Rule 5 of the Rules after cancelling the previous nomination made in favour of any person other than the member of the family.
Sub Rule 6 of Rule 5 states as under i-
ths (6) Ipvmediately on the death of a nominee in respect of whom no special provision has been made in the nomination under Clause (a) of sub-rule (S) er on the occurrence of any event by reason of which the nomination becomes invalid in pursuance of Clause (6) af sub-rule (3) or the proviso thereto, the subscriber shall send to the Aecounts Officer a notice in writing cancelling the nomination, together with a fresh nomination made in accordance with the provisions of this rule."
14. Giving a harmonious construction ta the provision(s}) of the Rules, it would manifest that as per the provisions contained in sub rule S{b} and sub rule 6 of Rule &, & Eresh nomination is to be made i OA Na. 2385/2022 AOMLNAELON.
favour. of one or the other member constituting family. The nomination earlier made in favour of the Key Sad Ete ake Sete eee ee . % 3 ges < oe] ; Soden ot Kone = . respondent No.4 being not void ap initaa, tnererore, weed Spake ag et ayn any "~ . . ay es Yeap? Be 4urisdiction since ths creator tnerecor himself has not cancelled it even after acquiring family by ' ; ee marrying with appiican 4 7 ae] y om iy et . my : oa = ~ is. In the backdrop of these facts appearing nos = ~~ " "t aed : aes eee 3 wy S - + from records, the respondentea by the impugned communication directed the parties to get appropriate adeclaration/succession certificat in respsch of their entitlement or the portion thereof from a court of competent jurisdiction and, as such, this Tribunal Teibunal would notice the relevant rule provision({s).
3 ey we ~, "ATS TP Tae cy AD ys i a Lc - 4a Ae Rule 2 (e} of the GPF Rules defines family as under:
fe) "Family" means- (1) in the case of a male subscriber, the wife or wives, parents, children, minor brothers, unmarried sisters, deceased son's widow and children and where no parents of the subscriber is alive, @ paternal grandparent: Provided that if a subscriber proves thar Ais wife has been judicially separated fram him or has ceased under the customary law of the community, to which she belongs to be i bo Gd No 2535/2022 entitled to maintenance she shall henceforth be deemed ta be no longer a member of the subscriber's family in matters to which these rules relate unless the subscriber subsequently intimates, in writing to the decounts Officer that she shall continue to be so regarded";
Purther Ru where the amount standing to the credit of the employee becomes payable or where the amount has become payable before payment has been made. It reads as under:~_ "RULE 33- PROCEDURE ON DEATH OF A SUBSCRIBER On the death of a subscriber before the amount standing to his credit -- has become payable, or where the amount has become payable, before payment has been made:
(i) When the subscriber leaves a family~ (a) if a nomination made by the subscriber in accordance with the provisions of Rule 3 in favour of a member or members of his family subsists, the amount standing to his credit in the Fund or the part thereof to which the nomination relates shall become payable to his nominee or nominees in the proportion specified in the nomination;
(bh) if no such nomination in favour of a member or members of the family of the subscriber subsists, or if such nomination relates only to a part af the amount standing to his credit in the Fund, the whole amount or the part thereof to which the nomination does not relate, as ithe case may be, shall, notwithstanding any nomination purporting to be in favour of any person or persons other than a member or members of his family, become payable to the members of his family in equal shares:
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19. On a oconsicderation oF submissions of the to be a nominees in respect of the GPF accumulation by : 7 2 Teer fe i . 7 _ aaa ams eo oannA Rie virtue of law/contingent event, being family and thus legal claimant thereof. Whereas the respondent No.4 20, tn the Light of the aforesaid, the applicant cannot claim payment of the entire GPF accumulation ; Lo ney 4 poe sn Yon afm yen pry Xn}. pss -- we = or de in her favour on the strength of the contingent event applicant after cancelling the previcus nomination.
ai. tn wiew of the above discussion, the case of nomination and as only mother and the applicant are surviving, it . would be appropriate, Lf the respondents in view of rule 33 of the GP Fund rules are directed to release the GP fund to applicant and respondant no.4 in equal shares of 50% each.
(Harviiier Kaur Oberoi} Member 7} Mee.