Central Administrative Tribunal - Chandigarh
Unknown vs Union Of India Through Secretary on 19 October, 2012
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
O.A.NO. 550/PB/2012 Date of order:- October 19, 2012
Coram: HONBLE MRS. PROMILLA ISSAR, MEMBER (A)
Anuma Bala wife of Anwar Lucas, Ex Safai Karamchari, Pass No.3 BRD/D/1333 and PPO No.C/AF/16426/2004 House No.1425/21 Phase II, Mohali, (SAS Nagar).
Applicant
(By Advocate: Mr. Ajay Aggarwal)
Versus
1. Union of India through Secretary, Ministry of Defence, New Delhi.
2. The Chief of Air Staff, Vayu Bhawan, Rafi Marg, New Delhi.
3. The Controller General of Defence Accounts (CGDA), West Block-5, R.K.Puram, New Delhi.
4. The AOC-in-C, Headquarters Maintenance Command, IAF, Vayu Sena Nagar, Nagpur.
5. A.O.C., 3, BRD (Air Force), Chandigarh.
6. The Joint Director, Controller of Defence Accounts, Nagpur.
Respondents
(By Advocate: Mr. Rohit Sharma, proxy for
Mr. Deepak Agnihotri)
O R D E R(Oral).
By Honble Mrs.Promilla Issar, Member (A):
Heard the learned counsel for the parties.
2. The learned proxy counsel for the respondents states that the grant of family pension has been hampered by the non-availability of certain documents, which the applicant was asked to provide, which includes a copy of the FIR and the Investigation Report as well as attestation of two sureties asked for by the bank. Both the parties agreed that this O.A. can be disposed of by giving directions to the applicant to provide these documents and for the respondents to take necessary action on it as per rules / instructions.
3. My attention has been invited to the instructions dated 02.01.2012 issued by the Ministry of Personnel, P.G. & Pensions, Department of Pension & Pensioners Welfare in which it has been laid down as follows:-
1. The undersigned is directed to state that as per extant instructions of the Government, conditional provisions have been made in the case of a missing employee / pensioner, as a measure of social security, to cut short the period of 7 years, as given in Sections 107 and 108 of Indian Evidence Act, 1872, after which the presumption of a missing person being no longer alive may be raised, and enable the family pensioner to receive family pension after a period of six months from the date of filing FIR. However, there is no such provision in the case of a missing family pensioner that the next eligible member of the family of the employee / pensioner may be granted family pension.
2. The Department of Pension and Pensioners Welfare has been receiving requests to issue a clarification whether family pension to eligible child / children of a family pensioner who has been declared missing can be granted.
3. The matter has been considered in this Department in consultation with the Department of Expenditure, Ministry of Finance. It has been decided to make similar provisions to mitigate the hardships of the family caused by the deprivation of its rightful family pension as a consequence of disappearance of the family pensioner. The administrative Departments / Ministries may grant family pension to the next eligible member in the family subject to fulfillment of conditions as prescribed from time to time for dealing with the cases of missing employees / pensioners.
4. The Indemnity Bond prescribed for missing pensioners has been suitably modified to include the name and relationship of the next eligible family member as well as the deceased employee / pensioner and the missing family pensioner(s). (emphasis added).
4. In view of the above, the applicant is directed to fulfill the necessary formalities and the respondents are directed to assist the applicant in getting the necessary documents from the concerned authorities. On receipt of the necessary documents, the respondents are directed to sanction the family pension as per law and rules and pay the arrears also accordingly, if admissible, within a period of three months from the date of receipt of the complete documents from the applicant.
5. With this, the O.A. stands disposed of, with no order as to costs.
(PROMILLA ISSAR) MEMBER (A) Dated: October 19, 2012.
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