Central Administrative Tribunal - Chandigarh
Coram: Hon Ble Mrs. Rajwant Sandhu vs Union Of India Through The Secretary To ... on 4 January, 2016
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
O.A. No.060/00314/2015 Date of Decision: 04.01.2016
Reserved on: 02.12.2015
CORAM: HONBLE MRS. RAJWANT SANDHU, ADMINISTRATIVE MEMBER
HONBLE DR. BRAHM A. AGRAWAL, JUDICIAL MEMBER
Poonam W/o Late Sh. Paramjit Singh, aged 26 years, R/o H.No.2587, Sector 20-C, Chandigarh.
Applicant
Versus
1. Union of India through the Secretary to the Government of India, Ministry of Home Affairs, New Delhi.
2. Union Territory, Chandigarh through its Advisor, U.T. Chandigarh.
3. Home Secretary, U.T. Chandigarh, U.T. Civil Secretariat, Sector-9, Chandigarh.
4. Finance Secretary-cum-Secretary, Engineering Department, U.T. Secretariat, Sector 9, U.T. Chandigarh.
5. Chief Engineer, U.T. Civil Secretariat, Sector-9, Chandigarh.
6. Superintending Engineer, Electrical Circle, U.T. Civil Secretariat, 5th Floor, Sector-9, Chandigarh.
7. Sh. Jatinder Sharma, Executive Engineer, Electrical Division No.2, New Deluxe Building, 1st Floor, Sector 9-D, Chandigarh.
Respondents
Present: Sh. Rohit Seth, counsel for the applicant.
Sh. Aseem Rai, counsel for the respondents.
O R D E R
HONBLE MRS. RAJWANT SANDHU, MEMBER (A)
1. This Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking direction to the respondents to release family pension and other terminal benefits with arrears to the applicant w.e.f. 06.02.2013 on account of death of her husband on 05.02.2013, after rendering 22 years and 8 months regular service, with interest @18% per annum from due date till the actual date of payment thereof.
2. Averment has been made in the O.A. that one Sh. Paramjit Singh, the deceased husband of the applicant, joined the respondent department in 1990 and he was working as Junior Assistant, when he died in harness on 05.02.2013, after rendering service of 22 years and 8 months. He left behind his dependent legal heirs i.e. wife (applicant) and mother Smt. Rattan Kaur (who later died on 22.11.2013). The husband of the applicant was earlier married to one Smt. Neelam Kumari on 29.05.1992 at Chandigarh according to Hindu Rites and thereafter they lived together as husband and wife and were blessed with a son namely Mr. Atish on 03.10.1993. Deceased husband of applicant and Ms. Neelam Kumari mutually separated on 02.11.2002, by filing divorce petition before the Ld. District Judge, Chandigarh, which attained finality. The decree of divorce dated 02.11.2002 (Annexure A-1) mentioned that the male child Atish shall remain with Neelam Kumari and he is with her since 2002. The applicant married Sh. Paramjit Singh on 28.03.2012 and they were living together as husband and wife. Their marriage was also registered on 07.01.2013. Copy of the marriage registration certificate issued by the Registrar of Marriages, U.T. Chandigarh is appended (Annexure A-3). During the course of employment, deceased husband of the applicant appointed her as his nominee in his service record in the month of January, 2013 (Annexure A-4). The son from previous marriage of applicants late husband namely Mr. Atish gave his no objection on 10.10.2013 to the respondents on asking of the respondents in the form of affidavit in which he stated that he has no objection, if the compassionate appointment is given to applicant along-with all the payment of dues of deceased Sh. Paramjit Singh. The affidavit dated 10.10.2013 along with his recent photo was duly attested by the Special Executive Magistrate, U.T. Chandigarh. Copy of the affidavit dated 10.10.2013 is appended (Annexure A-5).
3. The applicant approached this Honble Tribunal by filing O.A. No.060/00091/2014 seeking direction to the respondents to consider/appoint the applicant on compassionate ground and for release of all the retiral dues including pension payable to family of deceased Paramjit Singh along with applicable interest to the applicant, which was disposed of vide order dated 11.08.2014 with direction to the respondent to consider the claim of the applicant for appointment on compassionate grounds keeping in view the prescribed rules and procedure and pass a reasoned and speaking order in the matter with in a period of two months. Since OA contained multiple reliefs the adjudication on consent of counsel, though without knowledge of applicant, was prayed to be restricted with regard to claim of compassionate appointment (Annexure A-7). The applicant submitted representation dated 05.11.2014 (Annexure A-8) to the respondent AG (A&E), U.T. Chandigarh who issued letter dated 19.11.2014 to respondent no.7 vide which he returned the service book and pension papers to the respondent no.7 for further action but to no avail till date.
4. The applicant submitted many representations thereafter dated 02.12.2014, 12.11.2014, 08.12.2014 and 09.12.2014 (Annexure A-9 colly) to the respondent no.7 for releasing of family pension along with all the pensionary benefits. But the respondent no.7 is bent upon to harass the applicant by taking frivolous grounds for not releasing the same to the applicant. Respondent no.7 stated in letters dated 28.11.2014 and 26.12.2014 that the applicant did not submit requisite documents with her representations which is factually incorrect. It is pertinent to mention here that after the decision of the aforementioned OA, the applicant filed R.A. No.060/00102/2014 i.e. which was disposed of by this Honble Tribunal vide order dated 09.02.2015 (Annexure A-10) while giving liberty to the applicant to file fresh OA for pensionary benefits. Hence this O.A.
5. In the written statement filed on behalf of the respondents it has been stated that Sh. Paramjit Singh, the deceased Govt. employee, after taking divorce from Smt. Neelam Kumari, his earlier wife, while changing nomination in respect of final payment of his G.P. Fund, declared Smt. Sangita to be his wife and Miss Diksha as her daughter in the nomination papers submitted by him to Executive Engineer, C.P. Division No.4, where he was working at the relevant time, who forwarded his nomination papers to the Accountant General, U.T. Chandigarh and the said authority, made entry of the same in the G.P. Fund account of the deceased employee in his record. While dealing with the subsequent nomination submitted by the deceased employee in favour of the applicant, the said authority objected to the same vide his letter No.4399 dated 31.10.2013 (Annexure R-1), in view of the nomination papers already submitted by him in favour of Smt. Sangita and on the ground that he had given the right to payment of G.P. Fund to his daughter Diksha. It is further submitted that as per the record of the answering respondents, as well as the content of service book of the deceased employee, there exists no proof that he had taken divorce from Smt. Sangita, before marrying the applicant. The Collector, UT, Chandigarh declared three legal heirs of Late Sh. Paramjit Singh S/o Late Sh. Shingara Singh vide order dated 24.07.2013 (Annexure R-2), declaring the applicant, Sh. Atish (son) and Smt. Rattan Kaur (mother) as his legal heirs. The applicant through her representation dated 23.09.2013, challenged the entitlement of Sh. Atish (son) to the grant of retiral benefits and compassionate appointment, by taking the plea that in the Secondary Certificate issued by the National Institute of Schools and Adhar Card No.803906358034, the name of his father is mentioned Dharam Pal, as such she pleaded that Sh. Atish is the adopted son of Sh. Dharam Pal. Similarly, the applicant challenged the grant of retiral benefits to his mother Smt. Rattan Kaur on the ground that she was already receiving family pension, though no documentary proof thereof has been submitted by the applicant.
6. It has further been stated that Sh. Atish son of the deceased late Sh. Paramjit Singh submitted duly attested copy of marriage certificate issued by the Granthi of the Gurdwara Shaheed Baba Sangat Singh vide application dated 05.11.2013 (Annexure R-3) complaining against the applicant pleading therein that Ms. Poonam daughter of Sh. Dalbir Singh and Raj Kaur with their residential address at the relevant time as Village Rasoolpur Rauni near school had earlier married on 10.12.2006 with Sh. Manjit Singh son of Harjit Singh and Mahinder Kaur, resident of Plot No.98, Rajinder Nagar, Amritsar, and has not obtained divorce from Sh. Manjit Singh before marrying his biological father late Sh. Paramjit Singh. Since deceased employee has himself declared Smt. Sangita to be his wedded wife and Miss Diksha as her daughter and there exists no document on record with the respondents that he had taken divorce from her before his marriage with the applicant, thus the marriage of the applicant with the deceased employee cannot be said to be legal/valid in the eyes of law. Since deceased employee had declared Miss Diksha as his daughter and 2nd nominee for the final payment of GP fund in case of his death, as such the applicant is not entitled to any relief sought for by her being not the duly wedded wife of the deceased. Since Smt. Rattan Kaur, the mother of the deceased has also applied for the grant of retiral benefits that became due to her deceased son, but her entitlement to the same as well as of Sh. Atish (son) has been challenged by the applicant and thus the entire case has become suspicious/disputed in view of these facts and being contested by both the claimants against each other. Moreover, the matter of grant of retiral benefits to the deceased, involved huge financial implications, as such cannot be granted before the claimants established their proportionate entitlement and enforceable right, amongst all the three legal heirs i.e. mother, son and the widow who is yet to establish that she was legally wedded wife of the deceased Govt. employee. Accordingly, applicant and other two legal heirs of the deceased were asked for vide Memo No.6694 dated 24.09.2013 to submit succession certificate issued by the competent court of law. This letter was further followed vide memo No.7144 dated 09.10.2013, 7344 dated 15.10.2013, 7393 dated 17.10.2013, 7586 dated 25.10.2013, 9090 dated 18.11.2013 and 8611 dated 17.11.2014 (Annexure R-4 (a to g-colly)), with directions to all the legal heirs to place their claim and counter claims before the appropriate court of law and obtain succession certificate so as to release the retiral benefits to the legal heirs, so declared entitled to the same by the Court of law but none of the claimants including the applicant has responded to the same till date.
7. In the rejoinder filed on behalf of the applicant it has been stated that a Govt. servant may, at any time cancel a nomination by sending a notice in writing to the appropriate authority and send a fresh nomination. Accordingly, late Sh. Paramjit Singh has submitted his nomination dated 03.12.2012 in favour of his legally wedded wife Ms. Poonam (applicant). After receiving the same respondent no.6 wrote a letter to Sh. Paramjit Singh on 21.12.2012 vide office Memo No.7662 by which they stated as given below:
. . . . . before action taken in the matter, you are directed to submit legal/registration proof of your marriage issued by the competent authority under Punjab C.S.R. Volume-II, Nomination Rules 14.5 to this office immediately, so that your nomination case could be submitted to the A.G.(A&E) U.T. CHD. . . . On 31.12.2012, vide office memo No.7843, department again asked deceased Sh. Paramjit Singh to submit the Registration of Marriage certificate at the earliest, which is as under:-
. . . . . the legal proof (Registration of Marriage) certificate as required vide this office letter under reference is still awaited. You are advised to submit the Marriage Certificate registered by the Competent Authority. As the earliest which is required under the rules for change of nomination . . . . On 14.01.2013, deceased Sh. Paramjit Singh submitted the Marriage Registration Certificate (Annexure A-3) with the department with an observation, which is as under:-
To The Executive Engineer, Electrical Divn. No.2, Chandigarh.
Sub:- Your office memo No.7612 dated 18.12.2012 and No.7843 dated 31.12.2012.
The legal proof (Registration of Marriage Certificate) registered by the competent authority required by your office for nomination is attached please.
You are requested to make (Poonam) as nominee at the earliest.
Marriage Certificate copy enclosed.
Thank you, Your Faithfully S/d-Paramjit Singh, Jr. Asstt.
14.12.2013. In response to the letter dated 04.01.2013, Department also issued a new office ID card to deceased Paramjit Singh in which the name of wife was shown Poonam, who is applicant in the present case (Annexure A-11 colly).
8. It has further been stated that nomination certificate attached with Annexure R-1 in favour of Smt. Sangita Naggi and Miss Diksha is an apparently fictitious and fraudulent document because there in the signature of late Sh. Paramjit Singh is fictitious and there is no signature of any witness with names which are generally witnessed by the co-staff members of the department. This is also seen from deceased Sh. Paramjit Singhs nomination form dated 03.12.2012. Further the fictitious nomination form is dated 03.04.2006 and the receipt of this nomination form in the office of respondents is recorded as 29.10.2013 i.e. after a gap of seven years, which is also received after the death of Sh. Paramjit Singh. Both these manipulated documents are apparently being introduced at behest of respondent No.7 against whom the applicant has made complaints to Vigilance Officer, U.T. Chandigarh and also there is a case in the District Courts, at Chandigarh for registration of FIR against him. Things are moving at a snails pace in the department as well as before the other authorities since respondent no.7 is very influential.
9. It is also stated that Sh. Atish (son of late husband of the applicant) was adopted by Sh. Dharam Pal when Neelam Kumari, the earlier wife of late Sh. Paramjit Singh got remarried with one Sh. Dharam Pal that is evident from all the relevant records/certificates (Annexure A-2 colly) in which his fathers name is reflected as Sh. Dharam Pal and Sh. Atish (son) has been in custody of his mother since 02.11.2002 as per the divorce decree dated 02.11.2002 (Annexure A-1) and he cannot be the legal claimant as per Section 13(a) of Family Pension rules, which are as under:
13(a) Where a female Govt. employee or male employee dies leaving behind a judicially separated husband or wife with a child or children, the family pension payable in respect of the deceased employee shall be payable to the surviving person provided he or she is the guardian of such a child or children. Sh. Atish is not entitled for family pension or any other retiral benefits of the deceased Paramjit Singh, who never remained as guardian of Sh. Atish. Further, Smt. Rattan Kaur, the mother of late Sh. Paramjit Singh had died on 22.11.2013. Mother of the deceased Paramjit Singh was already a pensioner of her husband namely Sh. Shingara Singh and as such she is legally not entitled to get any dues of deceased Paramjit Singh and after her death no pension is payable on her behalf. Hence as per last legal nomination dated 03.12.2012 filed by Late Sh. Paramjit Singh in the name of the applicant being his legally wedded wife, she is the only legal claimant for the family pension and other retiral benefits but respondents are illegally denying the benefits to her.
10. The marriage certificate dated 10.12.2003 (Annexure R-3) given or obtained by respondents is a fabricated and fictitious document in view of the following grounds:-
i. The date of marriage is reflected as 10.12.2006 in the Marriage Certificate. The age of the applicant is mentioned as 19 years old whereas actual age of the applicant on that day would be 15 years 2 months and 2 days and this fact can be verified from her school certificate (Annexure A-15). As per the Hindu Marriage Act, age of girl should be 18 years and above to get married legally.
ii. The name of the father mentioned in the Marriage Certificate is Sh. Dalbir Singh and name of mother as Smt. Raj Kaur whereas name of the father of the applicant is Sh. Tarsem Lal S/o Banta Lal and name of mother of the applicant is Smt. Raj and this fact can be verified from Ration Card of her family, which has been issued by State of Punjab on 25.11.2005 (Annexure A-16).
iii. The address in the Marriage Certificate is mentioned as near School, Rasoolpur Rohi. In fact the correct address of the applicant at that time was Bawa Namdev Colony, Ussha Thoda, Kapurthala and her parents are still staying at the same address.
iv. In the Marriage Certificate, the signatures are in Gurmukhi whereas the applicant has not signed any such certificate and even otherwise she always put signatures in English.
11. Arguments advanced by learned counsel for the applicant were when learned counsel narrated background of the matter. He stated that the applicant had married Sh. Paramjit Singh, the deceased employee on 28.03.2013. Sh. Paramjit Singh had submitted his revised nomination regarding GPF dated 03.12.2012 vide Annexure A-4. On being advised vide letter dated 20.12.2012 (Annexure A-11) that he should submit his marriage certificate, Sh. Paramjit Singh had submitted Marriage Certificate dated 07.01.2013 (Annexure A-3 with covering letter dated 14.01.2013). Sh. Paramjit Singh had died on 05.02.2013. The marriage certificate regarding Sh. Paramjit Singh and the applicant was verified vide letter dated 25.02.2014 (Annexure A-14) and hence there could be no doubt regarding the applicant being legal wife of the deceased employee, Sh. Paramjit Singh. Learned counsel stated that after husband of the applicant had submitted his revised nomination he was even issued a fresh ID-card in which the name of his wife was indicated as Poonam. He further stated that the allegations regarding the applicant Ms. Poonams earlier marriage were patently false and the documents annexed in this regard were fraudulent ones as had been clarified in the rejoinder. Learned counsel also referred to document annexed with the written statement regarding form of nomination in favour of one Sangita. He stated that this nomination was dated 03.04.2006 and appeared to have been submitted to the XEN, respondent no.7 on 29.12.2013 as per copy at page 93 of the paper book. Both the documents at page 93 and 95 of the paper book did not have the signature of Sh. Paramjit Singh and no reliance could be placed on these documents. Learned counsel stated that as per the legal heir certificate issued by Collector, U.T. Chandigarh on 24.07.2013 addressed to XEN, Electrical Division No.2 (Annexure A-2), the legal heirs of Sh. Paramjit Singh were shown to be Poonam, wife of the Sh. Paramjit Singh, Rattan Kaur, his mother and Atish, his unmarried son aged 20 years. Even if the claim of Sh. Atish to the family pension was to be considered, the applicant was entitled to 50% of the family pension and the same could not be denied to her. In support of his arguments, learned counsel cited the following judgments:
i. Union of India Vs. Smt. Seethamma in Writ Appeal No.300 of 2007 decided on 04.06.2012, wherein para 5 reads as under:
5. Insofar as the second condition of Sri Prakash Shetty is concerned, admittedly, the respondent has produced the legal heirship certificate issued by the Tahsildar, which is a valid document. To draw the family pension, no succession certificate is required. In addition to that her name would be found in the service records of late P.N. Rama Iyengar. Unfortunately, the 5service records have not been looked into before filing this appeal. ii. Smt. Gopa Mazumdar Vs. UOI and Ors. decided on 09.06.1999 wherein para 14 reads as under:
14. So, in view of the aforesaid circumstances, it can be safely said that the applicant, Smt. Gopa Mazumdar, being a widow and having no issue till the death of the deceased employee, Ashok Kumar Mazumdar, is entitled to get family pension without obtaining and producing any succession certificate, as asked for notwithstanding the fact that the mother of the deceased has raised a claim for payment of family pension to her. Family Pension is not an inheritance and the estate of the deceased. It is a statutory benefit which is to be given to the widow and the children in case of death of an employee by way of compensation. Hence, entitlement of family pension under the scheme is not covered by the Hindu Succession Act.
12. Learned counsel for the respondents stated that status of the applicant as the widow of the deceased employee was disputed in view of the documents annexed with the written statement that had been placed on record. Therefore, it would be appropriate for the applicant and for any claimant to the family pension and retiral benefits of the deceased employee to produce succession certificate for claiming the same. He cited following judgments to press that Civil Court should determine the rights of the legal heirs to the retiral benefits on account of family pension payable:-
i. Sadhana Agrawal vs. Union of India and Ors. decided on 22.06.2005, reported as 2005(3), JCR 517 Jhr.
ii. Kiran vs. Sudesh & Ors. in CM (M) 352/2012 & CM APPLs.5350/2012 and 5351/2012 decided on 28.07.2014.
iii. Smt. Baby & Anr. Vs. UOI & Ors. in O.A. No.2576/2014 decided on 16.02.2015.
13. We have given our careful consideration to the matter. From the material on record and arguments advanced by learned counsel it appears to us that the status of the applicant as widow of Sh. Paramjit Singh, deceased employee is not in doubt. The Marriage Certificate dated 07.01.2013 has been verified by the Registrar of Marriages. Besides, deceased employee had filed his nomination for GPF on 03.12.2012 (Annexure A-4) indicating the applicant as his nominee. ID card issued by the respondent department itself showed Ms. Poonam as the wife of Sh. Paramjit Singh. On the other hand, documents placed on record by the respondents i.e. nomination form of 2006 in favour of one Ms. Sangita and regarding marriage of one Ms. Poonam do not appear to be authentic ones. In view of the position narrated in the rejoinder, which has not been rebutted by the respondent department. The O.A. is decided in favour of the applicant. The respondent department may release 50% of the family pension in favour of the applicant from due date of 06.02.2013 along with 8% interest on the payment of arrears of the same till the actual date of release. 50% of the other retiral benefits may also be released to the applicants. Action in this regard may be completed within six weeks from a certified copy of this order being served upon the respondents. Claim to balance 50% of the family pension and remaining retiral benefits may be established by Sh. Atish, son of the deceased employee and Ms. Poonam through civil court if so advised.
(RAJWANT SANDHU) ADMINISTRATIVE MEMBER (DR. BRAHM A. AGRAWAL) JUDICIAL MEMBER Place: Chandigarh Dated:
kr:12
O.A. No. 060/00314/2015