Central Administrative Tribunal - Jabalpur
Lr Smt Diana Singh vs M/O Defence on 12 November, 2024
1 O.A.No.200/975/2019
Reserved
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
Original Application No.200/975/2019
Jabalpur, this Tuesday, the 12th day of November, 2024
HON'BLE SHRI JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER
HON'BLE SMT. MALLIKA ARYA, ADMINISTRATIVE MEMBER
Smt. Milred Prasad (died) W/o Samuel Chandra
represented by LR
Smt. Diana Singh,
W/o Shri Pradeep Singh,
Aged about 42 years,
R/o D-116 Jahangir Apartment,
Dening Road South Civil Lines,
Jabalpur. MP -Applicant
(By Advocate -Shri Ajay Shankar Raizada)
Versus
1. Union of India through Secretary,
Ministry of Defense Raksha Bhawan,
New Delhi 110001
2. Commandant Central Ordinance Depot,
Jabalpur. 482005 MP
3. Punjab National Bank
Through its Senior Manager Ghamapur
Jabalpur. 482001 MP
4. Principal Controller of Defense Accounts (Pension)
Draupadi Ghat, Allahabad/Prgagraj U. P. - Respondents
(By Advocate -Shri D.S. Baghel)
(Date of reserving the order:-16.10.2024)
Digitally signed by KARUNA GUPTA
DN: C=IN, O=CENTRAL ADMINISTRATIVE
TRIBUNAL, OU=COURT MASTER/STENO'C',
KARUNA
PostalCode=482001, L=Jabalpur, S=Madhya
Page 1 of 12
Pradesh, STREET=ON SHANTI CHOWK, Phone=
979a4388e27caf69412c8261e976cc18988cdf1c8
e86ffa783129d0fcf61e499, SERIALNUMBER=
80352633909d44f5477b8659bf0d5cdbda9966bf8
1014c45893e322b1920b624, E=
GUPTA
[email protected], CN=KARUNA
GUPTA
Reason: I am the author of this document
Location:
Date: 2024.11.13 15:41:01+05'30'
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2 O.A.No.200/975/2019
ORDER
By Justice Akhil Kumar Srivastava, JM;
Applicant has filed this Original Application seeking direction to respondents to make payment of family pension from September 2006 or in alternate make payment of the entire amount of pension which Samuel Chandra Prasad was drawing till date of sanctioning of the family pension.
2. The facts of the case are that the husband of applicant Samuel Chandra Prasad was an ex-employee of COD Jabalpur and superannuated from service w.e.f.30.06.1986. Pension in respect of her husband was released vide PPO dated July 1986. Applicant submitted an application to the respondents stating that her husband is missing since September 2005 for which missing report was filed by her son-in-law in Police Station, Belbagh Jabalpur and a report was received from Police Station, Belbagh Jabalpur on 24.12.2014 whereby his file was closed as he was missing from last 20 years. Applicant is claiming family pension w.e.f. one year after the date of missing of her husband. She was paid pension from 2016 in place of 2014. Hence this Original Application.
Digitally signed by KARUNA GUPTA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=COURT MASTER/STENO'C', KARUNA PostalCode=482001, L=Jabalpur, S=Madhya Pradesh, STREET=ON SHANTI CHOWK, Phone= Page 2 of 12 979a4388e27caf69412c8261e976cc18988cdf1c8e 86ffa783129d0fcf61e499, SERIALNUMBER= 80352633909d44f5477b8659bf0d5cdbda9966bf81 GUPTA 014c45893e322b1920b624, E=karunachourasia@ gmail.com, CN=KARUNA GUPTA Reason: I am the author of this document Location:
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3. Respondents in their reply have submitted that this is a case of commencement of family pension of missing pensioner who is demanding pension from September 2006 i.e. one year from the date of missing of pensioner in place of date of FIR i.e. 24.12.2014. The applicant is the wife of Samuel Chandra Prasad who was government employee and retired from service w.e.f. 30.06.1986 and his pension was sanctioned vide office PPO No.C/AOC/1914/1986. In 2005, the applicant's husband did not return back and his whereabouts were not known.
3.1 As per Government of India decision No.12 below Rule 54 of CCS (Pension) Rules-1972, the provisions regarding grant of gratuity and family pension to the members of families of the deceased Government servants/pensioners who were appointed on or before 31 December 2003 and who are/were born on pension establishment are contained in Rules 50-54 of the Central Civil Services (Pension) Rules 1972 (Annexure R/2). The instructions regarding grant of family pension and gratuity under these rules to the eligible members of the family of an employee reported missing had been issued vide Department of PW OM No.1/17/86-P & PW dated 29.08.1986. Clarification/amendments in this regard Digitally signed by KARUNA GUPTA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=COURT MASTER/STENO'C', KARUNA PostalCode=482001, L=Jabalpur, S=Madhya Pradesh, STREET=ON SHANTI CHOWK, Phone= Page 3 of 12 979a4388e27caf69412c8261e976cc18988cdf1c8e 86ffa783129d0fcf61e499, SERIALNUMBER= 80352633909d44f5477b8659bf0d5cdbda9966bf81 GUPTA 014c45893e322b1920b624, E=karunachourasia@ gmail.com, CN=KARUNA GUPTA Reason: I am the author of this document Location:
Date: 2024.11.13 15:42:41+05'30' Foxit PDF Reader Version: 2024.3.0 4 O.A.No.200/975/2019 were issued vide O.M. No.1/17/86-P & PW (E) dated
25.01.1991 and 18.02.1993 and Ο.Μ. Νo.1/28/04-P & PW (E) dated 31.03.2009 and July 2010 O.M. of even No. dated 14th September 2011 and OM No.1/17/2010-P & PW (E) dated 02.01.2012 (Annexure R/3). As per Government of India decision 12(4)(i) - below Rule 54 of CCS (Pension) Rules 1972, the family must lodge a report with the concerned Police Station and obtain a report from the Police, that the employee/pensioner/family pensioner has not been traced despite of all efforts made by them. The report may be a First Information Report (FIR) or any other report such a Daily Diary/General Diary entry.
3.2 As per Government of India decision No.12(5) below Rule 54 of CCS (Pension) Rules 1972, the case of missing employee, the family pension, at the ordinary or enhanced rate, as applicable, will accrue from the expiry of leave of the date upto which pay and allowance have been paid or the date of the police report whichever is later. In case of missing pensioner of family pensioner, it will accrue from the date of the police report or from the date immediately succeeding the date till which pension/family pension had been paid, whichever is later.
Digitally signed by KARUNA GUPTADN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=COURT MASTER/STENO'C', KARUNA PostalCode=482001, L=Jabalpur, S=Madhya Pradesh, STREET=ON SHANTI CHOWK, Phone= Page 4 of 12 979a4388e27caf69412c8261e976cc18988cdf1c8e 86ffa783129d0fcf61e499, SERIALNUMBER= 80352633909d44f5477b8659bf0d5cdbda9966bf81 GUPTA 014c45893e322b1920b624, E=karunachourasia@ gmail.com, CN=KARUNA GUPTA Reason: I am the author of this document Location:
Date: 2024.11.13 15:42:41+05'30' Foxit PDF Reader Version: 2024.3.0 5 O.A.No.200/975/2019 3.3 As per Government of India decision No. 12(6) below.
Rule 54 CCS (Pension) Rules, 1972, the difference between the death gratuity and retirement gratuity shall be payable after the death of the employee is conclusively established or on expiry of the period of 07 years from the date of police report. Keeping in view, the Government of India decision, the family pension in instant case is payable after 01 year (now 6 months) from the date of FIR and not from the date of missing. As regards, pension of missing person from the date of missing till date before the date of FIR is concerned, the same will be payable after the death of the employee is conclusively established or on expiry of the period of 07 years from the date of FIR. As per laid down procedure being exercised in this office, the necessary sanction will be accorded for payment of Life Time Arrears claim on receipt of Life Time Arrears claim from the Pension Disbursing Agency after declaration of death or expiry of period of 07 years from the date of FIR, therefore, plea of applicant for grant of family pension from the date of missing of service pensioner is not tenable as per government provisions. Digitally signed by KARUNA GUPTA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=COURT MASTER/STENO'C', KARUNA PostalCode=482001, L=Jabalpur, S=Madhya Pradesh, STREET=ON SHANTI CHOWK, Phone= Page 5 of 12 979a4388e27caf69412c8261e976cc18988cdf1c8e 86ffa783129d0fcf61e499, SERIALNUMBER= 80352633909d44f5477b8659bf0d5cdbda9966bf81 GUPTA 014c45893e322b1920b624, E=karunachourasia@ gmail.com, CN=KARUNA GUPTA Reason: I am the author of this document Location:
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4. Applicant has file rejoinder reiterating the averments made in the Original Application.
5. Heard the learned counsel for both the parties and perused the pleading and documents annexed therewith.
6. It is undisputed that husband of the applicant was missing since 2005 and FIR was lodged on 03.12.2014 and report was submitted by Police Station Incharge vide letter dated 24.12.2014 (Annexure A/3) that Samuel Chandra Prasad was missing from more than 20 years and there is no possibility of finding him in the near future therefore the missing person case was closed.
7. Learned counsel for the applicant contended that the family pension is payable from one year after the date of missing i.e. from 2006 as her husband was missing since 2005.
8. Learned counsel for the respondents contended that in the case of missing pensioner/family pensioner, it will accrue from the date of police report or from the date immediately succeeding the date till which pension/family had been paid, whichever is later.
9. Admittedly, there are instructions in the form of Rule 51 of the CCS (Pension) Rules, 1972 and since they are Digitally signed by KARUNA GUPTA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=COURT MASTER/STENO'C', KARUNA PostalCode=482001, L=Jabalpur, S=Madhya Pradesh, STREET=ON SHANTI CHOWK, Phone= Page 6 of 12 979a4388e27caf69412c8261e976cc18988cdf1c8e 86ffa783129d0fcf61e499, SERIALNUMBER= 80352633909d44f5477b8659bf0d5cdbda9966bf81 GUPTA 014c45893e322b1920b624, E=karunachourasia@ gmail.com, CN=KARUNA GUPTA Reason: I am the author of this document Location:
Date: 2024.11.13 15:42:41+05'30' Foxit PDF Reader Version: 2024.3.0 7 O.A.No.200/975/2019 statutory rules, they are binding upon the respondents. The Rule 51 of the said rules reads as under:
"51. Entitlements of family of a missing Government servant or pensioner or family pensioner.-
(1)(a) In the case of a Government servant who goes missing, family pension shall be payable to a member or members of the family at a rate specified in sub-rule (2) of rule 50, and in the manner and subject to the eligibility conditions as applicable in the case of death of a Government servant during service.
(b) The family pension under clause (a) shall be payable from the date following the date up to which leave was sanctioned to the Government servant before he went missing or from the date up to which pay and allowances have been paid to the Government servant or from the date on which a report has been lodged with the concerned Police Station in the form of First Information Report or a Daily Diary Entry or a General Diary Entry, whichever is the latest.
(2)(a) In the case of a pensioner who goes missing, family pension shall be payable to an eligible member or members of the family at a rate specified in subrule (2) of rule 50, and in the manner and subject to the eligibility conditions as applicable in the case of death of a pensioner.
(b) The family pension under clause (a) shall be payable from the date following the date up to which pension has been paid to the pensioner who went missing or from the date on which a report was lodged with the concerned Police Station in the form of First Information Report or a Daily Diary Entry or a General Diary Entry, whichever is later.
(3)(a) In the case of a family pensioner who goes missing, family pension shall be payable to a member of the family who is eligible to receive the family pension after the death of the family pensioner, at a rate specified in subrule (2) of rule 50, and in the manner and subject to the eligibility conditions as applicable on death of a family pensioner.Digitally signed by KARUNA GUPTA
DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=COURT MASTER/STENO'C', KARUNA PostalCode=482001, L=Jabalpur, S=Madhya Pradesh, STREET=ON SHANTI CHOWK, Phone= Page 7 of 12 979a4388e27caf69412c8261e976cc18988cdf1c8e 86ffa783129d0fcf61e499, SERIALNUMBER= 80352633909d44f5477b8659bf0d5cdbda9966bf81 GUPTA 014c45893e322b1920b624, E=karunachourasia@ gmail.com, CN=KARUNA GUPTA Reason: I am the author of this document Location:
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(b) The family pension under clause (a) shall be payable from the date following the date up to which family pension has been paid to the family pensioner before he went missing or from the date on which a report was lodged with the concerned Police Station in the form of First Information Report or a Daily Diary Entry or a General Diary Entry, whichever is later.
(4) In the case of a Government servant who goes missing or a retired Government servant who goes missing without receiving the retirement gratuity admissible under sub-rule (1) of Rule 45, the amount of retirement gratuity shall be payable to a member or members of the family in the manner and subject to the conditions applicable in the case of a Government servant who dies after retirement without receiving the retirement gratuity.
(5)(a) Claims for payment of family pension and gratuity shall be submitted to the Head of Office by the member or members of the family eligible for family pension and nominees or members of family eligible to receive the amount of gratuity, after a report has been lodged with the concerned Police Station in the form of a First Information Report or a Daily Diary Entry or a General Diary Entry.
(b) The claims shall be accompanied by an Indemnity Bond in Format 8 along with a copy each of the report lodged with the concerned Police Station and the report obtained from the police to the effect that the Government servant or pensioner or family pensioner could not be traced so far despite all efforts made in that regard.
(6) In the case of a Government servant referred to in clause
(a) of sub-rule (1), the pay for family pension and emoluments for retirement gratuity shall be determined in accordance with Explanation-1 below sub-rule (2) of rule 50 and sub-rule (6) of rule 45, respectively, based on the pay and emoluments on the last date on which he was on duty before he went missing or, if he was on leave, the date on which leave sanctioned to him expired.
(7) In the case of a retired Government servant referred to in sub-rule (4) the emoluments for the purpose of retirement Digitally signed by KARUNA GUPTA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=COURT MASTER/STENO'C', KARUNA PostalCode=482001, L=Jabalpur, S=Madhya Pradesh, STREET=ON SHANTI CHOWK, Phone= Page 8 of 12 979a4388e27caf69412c8261e976cc18988cdf1c8e 86ffa783129d0fcf61e499, SERIALNUMBER= 80352633909d44f5477b8659bf0d5cdbda9966bf81 GUPTA 014c45893e322b1920b624, E=karunachourasia@ gmail.com, CN=KARUNA GUPTA Reason: I am the author of this document Location:
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(8)(a) The payment of family pension (including the arrears of family pension for the period from the date specified in sub-
rule (1) or sub-rule (2) or sub-rule (3), as the case may be, up to the date of commencement of payment of family pension) and the amount of gratuity shall not be made before the expiry of a period of six months from the date of lodging of report with the concerned Police Station:
Provided further that if the payment of gratuity is delayed and the delay is attributable to administrative lapses or reasons, interest shall be payable for the period of delay beyond a period of six months from the date of submission of claim and responsibility shall be fixed for such delayed payment of gratuity, in accordance with rule 65.
(b) In the case of a Government servant referred to in clause
(a) of sub-rule (1), death gratuity shall become payable after the death of the Government servant is conclusively established or on expiry of a period of seven years from the date of lodging of the report with the police, whichever is earlier.
(c) The difference between the amount of death gratuity and retirement gratuity shall be paid to the person or persons eligible for payment of death gratuity in accordance with these rules, not later than three months from the date of submission of claim for difference between the amount of death gratuity and retirement gratuity.
(d) If the payment of difference between the amount of death gratuity and retirement gratuity is delayed and the delay is attributable to administrative lapses or reasons, interest shall be payable for the period of delay beyond a period of six months from the date of submission of claim for difference between the amount of death gratuity and retirement gratuity.
(9) In addition to the family pension and retirement gratuity, the family of the Government servant shall also be entitled to receive arrears of pay and allowances or leave salary, if any, cash equivalent to leave salary and amount available in the Digitally signed by KARUNA GUPTA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=COURT MASTER/STENO'C', General Provident Fund Account of the Government servant KARUNA PostalCode=482001, L=Jabalpur, S=Madhya Pradesh, STREET=ON SHANTI CHOWK, Phone= Page 9 of 12 979a4388e27caf69412c8261e976cc18988cdf1c8e 86ffa783129d0fcf61e499, SERIALNUMBER= 80352633909d44f5477b8659bf0d5cdbda9966bf81 GUPTA 014c45893e322b1920b624, E=karunachourasia@ gmail.com, CN=KARUNA GUPTA Reason: I am the author of this document Location:
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(10) Nothing in this rule shall apply in the case of a Government servant or a pensioner or a family pensioner who disappears and against whom allegation of fraud or embezzlement or any other crime is under investigation or who has been charged or convicted for such crimes.
(11) No payment under this rule shall be authorised to be paid to a person or persons other than a member or members of the family eligible to receive that payment."
Thus, Rule 51 (2)(b) clearly states that the family pension in case of a pensioner who goes missing, shall be payable to an eligible family member of the family, from the date following the date up to which pension has been paid to the pensioner who went missing or from the date on which a report was lodged with the concerned Police Station in the form of First Information Report or a Daily Diary Entry or a General Diary Entry, whichever is later.
10. Apart from this, Para 4 of the Office Memorandum dated 24.06.2013 issued by Government of India, Ministry of Personnel, P.G. & Pensions, Department of Pension and Pensioners' Welfare on the subject Grant of family pension and gratuity to the eligible member of the family of the employee/pensioner/family pensioner reported missing- clearly states that-
Digitally signed by KARUNA GUPTADN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=COURT MASTER/STENO'C', KARUNA PostalCode=482001, L=Jabalpur, S=Madhya Pradesh, STREET=ON SHANTI CHOWK, Phone= Page 10 of 12 979a4388e27caf69412c8261e976cc18988cdf1c8e 86ffa783129d0fcf61e499, SERIALNUMBER= 80352633909d44f5477b8659bf0d5cdbda9966bf81 GUPTA 014c45893e322b1920b624, E=karunachourasia@ gmail.com, CN=KARUNA GUPTA Reason: I am the author of this document Location:
Date: 2024.11.13 15:42:41+05'30' Foxit PDF Reader Version: 2024.3.0 11 O.A.No.200/975/2019 "4. In the case of a missing employee/pensioner/family , the family can apply for the grant of family pension, amount of salary due, leave encashment due and the amount of GPF and gratuity (whatever has not already been received) to the Head of Office of the organisation where the employee/pensioner had last served, six months after lodging of Police report.
The family pension and/or retirement gratuity may be sanctioned by the Administrative Ministry/Department after observing the following formalities:-
(i) The family must lodge a report with the concerned Police Station and obtain a report from the Police, that the employee/ pensioner/ family pensioner has not been traced despite all efforts made by them. The report may be a First Information Report or any other report such as a Daily Diary/General Diary Entry."
The said Office Memorandum clearly entitles the applicant to claim family pension and other retrial dues of her husband after a period of six months from the date of lodging of missing report before the Police.
11. Keeping in view the Government of India decision, the family pension in instant case is payable after 01 year (now 6 months) from the date of FIR and not from the date of missing. As regards, pension of missing person from the date of missing till date before the date of FIR is concerned, the same will be payable after the death of the employee is conclusively established or on expiry of the period of 07 years from the date of FIR. Hence, it is clear that the applicant is entitled for family pension and other retiral dues Digitally signed by KARUNA GUPTA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=COURT MASTER/STENO'C', KARUNA PostalCode=482001, L=Jabalpur, S=Madhya Pradesh, STREET=ON SHANTI CHOWK, Phone= Page 11 of 12 979a4388e27caf69412c8261e976cc18988cdf1c8e 86ffa783129d0fcf61e499, SERIALNUMBER= 80352633909d44f5477b8659bf0d5cdbda9966bf81 GUPTA 014c45893e322b1920b624, E=karunachourasia@ gmail.com, CN=KARUNA GUPTA Reason: I am the author of this document Location:
Date: 2024.11.13 15:42:41+05'30' Foxit PDF Reader Version: 2024.3.0 12 O.A.No.200/975/2019 from the date of lodging of FIR. It is also brought on record that during the pendency of this case, applicant has died on 15.06.2021 and the case is represented by her married daughter Smt. Diana Singh W/o Shri Pradeep Singh.
Therefore, we are of the considered view that this Original Application is devoid of merit and substance.
12. Accordingly, this Original Application is dismissed being devoid of any merits. No order as to costs. (Mallika Arya) (Akhil Kumar Srivastava) Administrative Member Judicial Member kg/-
Digitally signed by KARUNA GUPTA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=COURT MASTER/STENO'C', KARUNAPostalCode=482001, L=Jabalpur, S=Madhya Pradesh, STREET=ON SHANTI CHOWK, Phone= Page 12 of 12 979a4388e27caf69412c8261e976cc18988cdf1c8e 86ffa783129d0fcf61e499, SERIALNUMBER= 80352633909d44f5477b8659bf0d5cdbda9966bf81 GUPTA 014c45893e322b1920b624, E=karunachourasia@ gmail.com, CN=KARUNA GUPTA Reason: I am the author of this document Location:
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