Central Administrative Tribunal - Cuttack
Fualmani Majhi vs D/O Post on 11 February, 2025
1 OA 141 of 2021
CENTRAL ADMINISTRATIVE TRIBUNAL
CUTTACK BENCH
OA No. 141 OF 2021
Reserved on : 22.01.2025 Pronounced on : 11.02.2025
Coram : Hon'ble Mr. SudhiRanjan Mishra, Member (J) Hon'bleMr.Pramod Kumar Das, Member (A)
1. Fulamani Majhi aged about 64 years, w/o Late Pitha Charan Majhi, Resident of Vill Chingudipokhari, PO Hatbadra PS Rairangpur, Dist Mayurbhanj.
......Applicants VERSUS
1. Union of India represented through Director General Post, New Delhi, DakBhawan, New Delhi 110001.
2. Chief Post Master General, Orissa Circle, Bhubaneswar, 4th Street, Unit 3, Kharvel Nagar, Bhubaneswar, Khurda 751001.
3. The Superintendent of Post Offices, Mayurbhanj Division, Baripada, Mayurbhanj 757001.
......Respondents For the applicants : Mr. S K Dey, counsel For the respondents: Ms. S B Das, counsel O R D E R Hon'bleMr.Pramod Kumar Das, A.M. The applicant assailing the order of Respondent No.3 requiring the applicant for submission of a succession certificate 2 OA 141 of 2021 for the purpose of sanction of family pension has filed this OA praying for following reliefs:
a) For a direction to the respondents to sanction and pay the family pension payable to the applicant from the date it is due for payment along with interest at the appropriate rate.
b) For a direction to the Respondents to refund/restore the amount withdrawn fraudulently from the savings bank pass book of the applicants husband after his death bearing SB PN No. 750647 Hatbadra SO.
c) Such other reliefs may be granted as this Hon'ble Tribunal may deem fit and proper.
2. The brief facts of the case as inter alia averred by the applicant is that the husband of the applicant who had retired on attaining the age of superannuation from respondent department had expired on 07.10.2014. It is submitted that the applicant after death of her husband could not track the post office savings bank pass book and PPO and therefore vide letter dated 28.07.2017 she requested Post Master, Hatbadra Sub Post Office for duplicate pass book and PPO. It is submitted that after receipt of the same she vide her letter dated 09.10.2017, 3 OA 141 of 2021 requested Superintendent of Post Offices, Mayurbhanj to record her name and take necessary steps for payment of family pension. Thereafter she had applied information under RTI Act regarding deposit of money from August 2014 to November 2014 and withdrawal of the same from pension account of her husband. It is submitted that RIT information was supplied to her vide letter dated 13.02.2018 stating that Rs. 15085/- was deposited in the month of August and September, 2014 and amount of Rs. 60,000/- and Rs. 16,000/- was withdrawn on 03.09.2014 and 09.10.2014. It is submitted that after receipt of the said information the applicant addressed a letter dated 21.02.2018 to Superintendent of Post Offices, Mayurbhanj Division that money was withdrawn after death of her husband and family pension has not been paid to her. It is submitted that vide letter dated 08.03.2018, Superintendent of Post Offices, Mayurbhanj Division asked her to submit the representation after attesting the LTI for taking further action at their end. It is submitted that the applicant re-forwarded her application duly attested by a gazetted officer vide letter dated 16.03.2018 but since no response was received she sent letter dated 09.10.2018. It is submitted that the applicant received a copy of letter dated 4 OA 141 of 2021 15.10.2018 from Superintendent of Post Offices, Mayurbhanj addressed to The Inspector of Posts, Rairangpur forwarding the documents submitted by the applicant for verification of the genuineness and for resubmission. It is submitted that the applicant received a letter dated 31.10.2018 from Superintendent of Post Office, Mayurbhanj Division wherein she was informed that the documents submitted by the applicant for sanction of family pension has been submitted to the Sr. Accounts Officer (Pension) Cuttack. It was submitted that thereafter she received a letter dated 26.12.2019 addressed to Inspector of Posts, Rairangpur Division a copy which was earmarked to her informing her to cooperate with Inspector of Posts, Rairangpur to obtain succession certificate for submission to Postal Accounts Office, Cuttack. It is submitted that applicant had submitted legal heir certificate and there is no need for Succession Certificate since family pension does not come under purview of Debt or Security as defined under the provision of Indian Succession Act 1925. Hence the OA.
3. The respondents in their counter inter alia averred that after the deceased employee had retired, a PPO was issued on 07.05.2024 with no authorization of family pension. It is 5 OA 141 of 2021 submitted that during revision of pension vide memo dated 27.05.2015it was also categorically mentioned as family pension not authorized. It is submitted that since family pension was not authorized to anyone, hence the same was not paid. It is submitted that after claim by the applicant, it was inquired and it could not be established from local inquiry that she was wife of Pitha Charan Majhi i.e. the deceased employee. It is submitted that action has already been taken against the defaulting official for allowing withdrawal on 09.10.2014 from the SB account of Sri Pitha Majhi though he had expired on 07.10.2014. It is intimated that as per office record and PPO, there is no family of late Pitha Charan Majhi and after his retirement also he has never furnished his family particulars as per office records. It is submitted that Director of Accounts (Postal), Cuttack vide letter date 05.12.2019 had directed to obtain succession certificate from the applicant and submit it, therefore the applicant was requested to obtain the same and submit it to Inspector of Posts, Rairgangpur Divison. Hence they prayed for dismissal of the OA.
4. The applicant has filed rejoinder and respondents reply to rejoinder reiterating the stand taken by them in the OA and counter.
6 OA 141 of 2021
5. Heard both sides and perused the records.
6. It is the contention of the respondents that since the deceased employee had not submitted any nomination for family pension during and after his service period before death, it could not be ascertained whether the applicant is wife of the deceased employee. Therefore they have sought succession certificate for the same. On the other hand learned counsel for the applicant submitted that the applicant had submitted legal heir certificate which was issued under The Orissa Miscellaneous Certificate Rules 2017 which is as per sub rule 2 of the Rule 5 granted for drawl of pension, gratuity, arrears salaries etc.
7. It is seen from records that legal heir certificate vide Annexure R/2 was granted to the applicant showing her as wife (legal heir) of Pitha Charan Maji (deceased employee). The said certificate was issued for the purpose of pension etc.
8. A Succession Certificate under the Indian Succession Act, 1952 can be granted only in respect of 'debts' or 'securities' to which the deceased was entitled. The main object of a Succession Certificate is to facilitate collection of debts on succession and afford protection to the parties paying debts to the representatives of deceased persons. A Succession Certificate 7 OA 141 of 2021 merely authorises its holder to collect the debt due to the deceased as a trustee and does not however decide its title. A decision in such proceedings under Section 372 of the India Succession Act, 1925 would not also operate as resjudicata in any subsequent suit.
9. As is well known, upon death of the Government employee family pension is payable to the legal heir(s) of the said government employee as a matter of right. Alike pension, family pension is not a bounty to be paid at the sweet wish and will of the employer. According to legal precedent, family pension payable to the legal heir(s) is generally considered not to be a debt requiring succession certificate to claim it, as family pension is a right arising from the deceased's employment and not considered part of their estate under the Indian Succession Act; therefore, a legal heir certificate is usually sufficient to receive it. The above view gets strength from the decision of the Coordinate Calcutta Bench of this Tribunal in Smt. Gopa Mazumdar vs. Union of India & Ors. [OA No.1164/1997 decided on 9th June, 1999] wherein it has been recorded as follows:-
"7. Mr. S.P. Bhattacharyya, learned advocate has strongly relied on the judgment passed, in the case of Violet Issaac and Ors. v. Union of India and Ors., reported in 1991(1) SCC 725, where the Hon'ble Supreme Court has decided that only designated persons i.e., the widow and unmarried children 8 OA 141 of 2021 of the deceased employee are entitled to family pension under the rules. He also relied on another decision passed by the Ernakulam Bench of this Tribunal in the case of T. Kuppammal v. Divisional Personnel Officer, Southern Railway, Palghat, 1994(27) ATC 328.This decision was based on the judgment of Violet Issaac and Ors. v. Union of India and Ors., referred to above. Mr. Bhattacharyya, therefore, submits that in view of the judgment passed in the case of Violet Issaac (supra), the applicant is not required to produce the succession certificate, as asked for by the respondents and the respondents be thus directed to make all payments of the settlement dues of her husband as his legally married wife, So, the letter dated 18.6.1997 (Annexure/Al) is arbitrary and illegal and is liable to be quashed."
10. Hon'ble High Court of Orissa in Pabitra Mohan Pradhan and another v. Damayanthi Pradhan [AIR 2003 Odisha 1] held as follows:-
"Though Section 370 of the Act does not apply, a representative of the deceased cannot maintain a suit or proceeding against an employer of the deceased without obtaining Succession Certificate under Section 214 provided it is a debt or security sought to be collected. Thus, to receive Family Pension, a Succession Certificate is not necessary as it is neither a debt nor security."
(emphasis supplied) The court below was well justified in disallowing the application filed for amendment of the Succession Certificate to include also the Family Pension. It would suffice if a legal heirship certificate is obtained to receive Family Pension in the absence of any nomination.
11. In view of the decision of Hon'ble Orissa High Court, there is no need for succession certificate for grant of family pension, a legal heir certificate would suffice for the same. The applicant has submitted a legal heir certificate under The Orissa Miscellaneous Certificate Rules 2017 which is a valid document for the purpose of grant of family pension. Therefore the action of 9 OA 141 of 2021 the respondents in not allowing the family pension to the applicant and insisting upon the succession certificate is illegal and bad in law. Therefore the respondents are directed to grant family pension to the applicant from the date from which she was entitled to i.e the date of death of deceased employee i.e. Late Pitha Charan Majhi. The entire exercise to be completed within a period of 60 days from date of receipt of copy of this order.
12. The OA is allowed with above directions. No costs.
(PRAMOD KUMAR DAS) (SUDHI RANJAN MISHRA) MEMBER (A) MEMBER (J) (csk)