Central Administrative Tribunal - Hyderabad
P Vijayalakshmi vs Bharat Sanchar Nigam Ltd on 7 February, 2025
1
OA.No.99/2021
CENTRAL ADMINISTRATIVE TRIBUNAL
HYDERABAD BENCH, HYDERABAD
ORIGINAL APPLICATION NO.021/00099/2021
ORDER RESERVED ON 21.01.2025
DATE OF ORDER: 07.02.2025
CORAM:
HON'BLE MR. VARUN SINDHU KUL KAUMUDI, ADMINISTRATIVE MEMBER
1. P.Vijayalakshmi, W/o. Late P.Sudhakar
Aged about 57 years
R/o. H.No.12-10-336/4/4/2, Medibavi
Seethaphal Mandi, Secunderabad-500061.
2. P.Vinay Kumar, S/o. Late P.Sudhakar
Aged about 25 years
R/o. H.No.12-10-336/4/4/2, Medibavi
Seethaphal Mandi, Secunderabad-500061. .....Applicants
(By Advocate Sri B.Pavan Kumar)
Vs.
1. Union of India, rep by its Secretary
Department of Telecommunications
20, Ashoka Road, New Delhi.
2. The Principal Controller of Communication Accounts
Department of Telecommunications
Telangana Telecom Circle
Sanchar Lekha Bhavan
Chikkadpally, Hyderabad-20.
3. The Bharat Sanchar Nigam Limited
Rep by its Chairman cum Managing Director
BSNL Corporate Office, Barakumba Road
Statesman House, New Delhi-1.
4. The Chief General Manager, BSNL
Telangana Telecom Circle, Hyderabad-1.
5. The General Manager Telecom District
BSNL, Nizamabad District, Nizamabad. ....Respondents
(By Advocates Smt.K.Rajitha, Sr.PC for CG & Smt.A.P.Lakshmi, SC for
BSNL)
*****
Digitally signed by PANDIRLAPALLI SANDHYA
DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=
DEPARTMENT OF PERSONNEL AND TRAINING, PostalCode=
PANDIRLAPA
500004, L=Hyderabad, S=Telangana, STREET=NO 5-10-193 1ST
FLOOR HACA BHAWAN HYDERABAD, Phone=
ec4f909cdddc28931061bef733616fb5c65493d179209a8c2cfaa0a51
0742c22, SERIALNUMBER=
35e33c0d6e61374d1b11744a97265175a0ceaf8ba7768772f41813a4
LLI SANDHYA
eb590082, [email protected], CN=PANDIRLAPALLI
SANDHYA
Reason: I attest to the accuracy and integrity of this document
Location:
Date: 2025.02.12 15:36:40+05'30'
Foxit PDF Reader Version: 2024.3.0
2
OA.No.99/2021
ORDER
PER: HON'BLE MR. VARUN SINDHU KUL KAUMUDI, ADMINISTRATIVE MEMBER
1. The present Original Application has been filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:
".....to declare the inaction of the respondents in sanctioning family pension and other death benefits arising out of the death of late Sri P.Sudhakar who died on 20.03.2019 while working as Telecom Technician, as illegal, arbitrary and violative of Article 14 and 16 of the Constitution of India and rules on the subject matter and consequently declare that the applicants are entitled for Family Pension and other pensionary benefits with all consequential benefits in the interest of justice and be pleased to pass such other order or orders as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case."
2. The facts of the case, as submitted by the applicants, are as follows:
i. Late P.Sudhakar, husband of the 1st applicant, worked as Telecom Technician, with HRMS No.199305459, at Ootpalli Telephone Exchange, Bodhan, Nizamabad District.
ii. Late P.Sudhakar, who was unmarried, married the 1st applicant herein who was the widow of his own brother, late P.Swamy, on 17.11.2011.
The name of the 1st applicant is entered in the BSNL, MRS Card, dt.18.07.2013, as the wife of Shri P.Sudhakar. The only son of late Sri P.Swamy, P.Vinay Kumar, was adopted by late P.Sudhakar, as per the Registered Adoption Deed, dt.21.02.2008, with Registration No.5/2008. The adopted son of the deceased employee is the 2nd applicant herein.
iii. Sri P.Sudhakar, while in service, died on 20.03.2019, at Hyderabad.
After the death of her husband, the 1st applicant submitted Digitally signed by PANDIRLAPALLI SANDHYA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= DEPARTMENT OF PERSONNEL AND TRAINING, PostalCode= PANDIRLAPA 500004, L=Hyderabad, S=Telangana, STREET=NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD, Phone= ec4f909cdddc28931061bef733616fb5c65493d179209a8c2cfaa0a51 0742c22, SERIALNUMBER= 35e33c0d6e61374d1b11744a97265175a0ceaf8ba7768772f41813a4 LLI SANDHYA eb590082, [email protected], CN=PANDIRLAPALLI SANDHYA Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.02.12 15:36:40+05'30' Foxit PDF Reader Version: 2024.3.0 3 OA.No.99/2021 representations to the respondents for release of pension and pensionary benefits, including the representation, dt.18.12.2019, which was a joint representation, filed by both the applicants herein.
Since there was no response from the concerned authorities, the applicants herein caused a legal notice, dt. 04.02.2020, to be served upon the respondents. The respondents, vide their Lr. No.TAC/ Pen/ CCA/ Misc/ 2020/ 6758, dt. 13.02.2020, informed the advocate of the applicants, in response to the legal notice, that the PCCA, TS Circle, Hyderabad, did not receive any such case from the GMTD, Nizamabad, and that the recommending/ sanctioning authority in this case is the GMTD, Nizamabad. The applicants were advised to approach the GMTD, Nizamabad. In the meanwhile, the CGM Telecom, Telangana Circle, also marked a copy of his letter No.TAC/CA-1/PR/2017-20/58, dt.19.02.2020, which was an internal correspondence between the CGMT TS Circle BSNL, and the DGM IFA, Nizamabad, requesting to process the family pension case of Smt. P.Vijaya Laxmi and to intimate the progress of the case on or before 29.02.2020. Till date, the respondents have not sanctioned any family pension and other benefits to the applicants, because of which they have been put to severe financial stress and penury after the death of late P.Sudhakar.
iv. Hence, the OA.
3. On notice, Respondents have put in appearance through their Counsel and filed a written reply stating that -Digitally signed by PANDIRLAPALLI SANDHYA
DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= DEPARTMENT OF PERSONNEL AND TRAINING, PostalCode= PANDIRLAPA 500004, L=Hyderabad, S=Telangana, STREET=NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD, Phone= ec4f909cdddc28931061bef733616fb5c65493d179209a8c2cfaa0a51 0742c22, SERIALNUMBER= 35e33c0d6e61374d1b11744a97265175a0ceaf8ba7768772f41813a4 LLI SANDHYA eb590082, [email protected], CN=PANDIRLAPALLI SANDHYA Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.02.12 15:36:40+05'30' Foxit PDF Reader Version: 2024.3.0 4 OA.No.99/2021 i. Vide Lr., dt. 16.05.2013, Late Sri P.Sudhakar, TT, had applied for issue of revised BSNL MRS Card, stating that he had got married to Smt.P.Vijaya Laxmi on 24.03.2011. A copy of the marriage certificate, dt. 17.11.2011, issued by the Marriage Officer, Bodhan, is enclosed at Annexure-2. The office issued BSNL MRS Card, bearing No.1228, on 18.08.2013 (actually on 18.07.2013), by including the name of Smt.P.Vijaya Laxmi as his wife.
ii. Subsequently, Late P.Sudhakar applied, on 31.01.2019, for entry of the name of P.Vijaya Laxmi in the ERP as his wife. In response to the above request, vide office Lr.No.GMTD-NZB/HR&A/Corr. TT&ATT/2018- 19/73, dt. 25.02.2019, P.Sudhakar was directed to submit the reason for delayed intimation regarding marriage and also to submit legal heir certificate, within a month. But, on 20.03.2019, P.Sudhakar expired and her case for family pension and death benefits was not processed. iii. It is stated that information regarding P.Sudhakar's first marriage was not submitted to the office, though it is mentioned in the OA that 'after the death of his first wife', he married the 1st applicant. Death Intimation of the first wife of P.Sudhakar was also not sent. Sons/Daughters of the first wife may also claim death benefits, in future. It is also submitted that adoption of P.Vinay Kumar, S/o P.Swamy, by late P.Sudhakar was also not intimated to the office. In the adoption deed, attached with this OA, it is mentioned that P.Sudhakar is unmarried and does not want to get married, in future.
iv. It is also stated that P.Sudhakar has not nominated P.Vijayalaxmi or P.Vinay Kumar for pensionary benefits. P.Sudhakar had nominated his Digitally signed by PANDIRLAPALLI SANDHYA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= DEPARTMENT OF PERSONNEL AND TRAINING, PostalCode= PANDIRLAPA 500004, L=Hyderabad, S=Telangana, STREET=NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD, Phone= ec4f909cdddc28931061bef733616fb5c65493d179209a8c2cfaa0a51 0742c22, SERIALNUMBER= 35e33c0d6e61374d1b11744a97265175a0ceaf8ba7768772f41813a4 LLI SANDHYA eb590082, [email protected], CN=PANDIRLAPALLI SANDHYA Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.02.12 15:36:40+05'30' Foxit PDF Reader Version: 2024.3.0 5 OA.No.99/2021 mother, P.Pochamma, for family pension and GPF and P.Mallaiah, his father, for retirement gratuity / death gratuity.
4. The applicants have filed their rejoinder denying the averments made by the respondents in their reply statement. They further submit that the respondents, having accepted the fact of marriage of the applicant on 24.03.2011 and after incorporating the same for the purpose of BSNL MRS and issuing BSNL MRS Card No.1228, on 18.07.2013, have no reason not to entertain her request for release of pension and pensionary benefits. Respondents have admitted the fact of the marriage at para 4 of their reply. Written arguments have also been filed by the learned counsel for the applicants.
5. Heard learned counsels for both the parties and perused the materials on record.
6. First of all, it needs to be recorded that the mistake, in mentioning at para 4 (ii) of the OA, that the deceased had married the 1st applicant on the death of his first wife, had been duly rectified by amending the submissions, as per order, dt.14.07.2022, of this Bench. Sri P.Sudhakar was unmarried and, on the death of his brother, late P.Swamy, on 16.09.2007, he had married his widow, the 1st applicant herein, on 24.03.2011. He had also adopted the 2nd applicant herein who was the child of his late brother and the 1st applicant, on 21.02.2008, following the death of his brother on 16.09.2007. Thus, he has to be credited with two noble deeds - adopting the son of his late brother, and, later, marrying the widow left behind by his late brother. Unfortunately, P.Sudhakar, himself passed away, prematurely, on 20.03.2019. Smt.P.Vijaya Laxmi became a widow for the second time, within a span of less than 12 years. Her travails Digitally signed by PANDIRLAPALLI SANDHYA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= DEPARTMENT OF PERSONNEL AND TRAINING, PostalCode= PANDIRLAPA 500004, L=Hyderabad, S=Telangana, STREET=NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD, Phone= ec4f909cdddc28931061bef733616fb5c65493d179209a8c2cfaa0a51 0742c22, SERIALNUMBER= 35e33c0d6e61374d1b11744a97265175a0ceaf8ba7768772f41813a4 LLI SANDHYA eb590082, [email protected], CN=PANDIRLAPALLI SANDHYA Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.02.12 15:36:40+05'30' Foxit PDF Reader Version: 2024.3.0 6 OA.No.99/2021 have continued on account of denial of terminal benefits after the death of P.Sudhakar, ostensibly on account of pending query regarding the delay in intimation in relation to her marriage with late P.Sudhakar as well as absence of nomination forms in favour of the applicants.
7. Learned counsel for the applicants has argued that, under the CCS (Pension) Rules, 2021, the wife, i.e., Applicant No.1 herein, is entitled to pension; more so, because, before his death, her husband, late P. Sudhakar, had already sent intimation to the department about his marriage with the applicant. Her name also figures in the BSNL MRS Card (Annex. A-V). On the other hand, learned counsel for the respondents reiterated the stand taken in the reply statement that late P. Sudhakar had not nominated P. Vijaya Laxmi, Applicant No.1, or P. Vinay Kumar, i.e., Applicant No.2, for receiving the pensionary benefits and, in fact, he had nominated his parents for pensionary benefits and other dues.
However, the mother, P. Pochamma, has not claimed the family pension, though P. Sudhakar had passed away on 20.03.2019.
8. Learned counsel for the applicants also argued that it is already well-settled by the Hon'ble Apex Court that the duty of verification of the actual beneficiary of pensionary benefits is cast upon the department. In the course of arguments, Shri B.Pavan Kumar, learned counsel for the applicants, further reiterated the points made by him, by referring to Rule 50(6), Rule 53(1), (4) & (8), Rule 54(8) read with Govt. of India decision (21) as well as Rule 77(1) & (2) of the CCS (Pension) Rules, 2019. He has also relied upon the judgment of the Hon'ble Supreme Court in the case of Smt. Violet Issac & Ors. Vs. Union of India & Ors., [1991 SCR(1) 282], decided on 08.02.1991. Digitally signed by PANDIRLAPALLI SANDHYA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= DEPARTMENT OF PERSONNEL AND TRAINING, PostalCode= PANDIRLAPA 500004, L=Hyderabad, S=Telangana, STREET=NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD, Phone= ec4f909cdddc28931061bef733616fb5c65493d179209a8c2cfaa0a51 0742c22, SERIALNUMBER= 35e33c0d6e61374d1b11744a97265175a0ceaf8ba7768772f41813a4 LLI SANDHYA eb590082, [email protected], CN=PANDIRLAPALLI SANDHYA Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.02.12 15:36:40+05'30' Foxit PDF Reader Version: 2024.3.0 7 OA.No.99/2021
9. The following relevant documents, annexed by the applicants with the OA, have been perused -
i. Copy of Certificate of Marriage No.HM-83/2011, dt.17.11.2011, of P.Sudhakar with P.Vijaya Laxmi, issued by the Sub-Registrar, Bodhan (Ann-A-II) ii. Copy of Registered Adoption Deed No. Book-IV - No.5/2008, dt.21.02.2008, showing adoption of P.Vinay Kumar, then aged 14 years, declaring him as the legal heir of P.Sudhakar. (Ann.A-IV). iii. BSNL Card No. NZB 1228, dt.18.07.2013, issued by the S.D.E. (Admn./HR.), O/o GMTD, Nizamabad - (Ann. A-V), showing the following -
Name Date of Birth Relationship
1. P.Sudhakar - 06.02.1962 - Self
2. P.Vijaya Laxmi - 14.09.1964 - Wife
3. Pochamma - 78 years - Mother
iv. Death Certificate, dt. 30.04.2019, of the GHMC (Ann. A-VI), showing
the death of P.Sudhakar on 20.03.2019.
10. The following correspondence is also found to be attached with regard to the request of the applicants for release of death benefits -
i. Letter, dt. 18.12.2019, (Ann.A-VII), from Smt. P.Vijaya Laxmi and Sri P.Vinay Kumar to Respondent Nos.4 & 5, among others, wherein the following submission is made -
"I further submit that after death of my husband late Sri.P.Sudhakar, we filed oral and written representations requesting your kind authorities to release the death benefits arising out of death of my husband late P.Sudhakar, Telecom Mechanic, H.R. Staff No. 199305459, Telephone Exchange, Ootpally, Bodhan and till today my representations are not considered, but so far no action has been taken on our representations....."Digitally signed by PANDIRLAPALLI SANDHYA
DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= DEPARTMENT OF PERSONNEL AND TRAINING, PostalCode= PANDIRLAPA 500004, L=Hyderabad, S=Telangana, STREET=NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD, Phone= ec4f909cdddc28931061bef733616fb5c65493d179209a8c2cfaa0a51 0742c22, SERIALNUMBER= 35e33c0d6e61374d1b11744a97265175a0ceaf8ba7768772f41813a4 LLI SANDHYA eb590082, [email protected], CN=PANDIRLAPALLI SANDHYA Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.02.12 15:36:40+05'30' Foxit PDF Reader Version: 2024.3.0 8 OA.No.99/2021 Acknowledgment by various offices is visible on the copy of this representation, in the form of dated stamps affixed on it. CGM and DGM offices, among others, have acknowledged it on 18.12.2019 itself.
ii. Legal notice, dt. 04.02.2020, (Ann.A-VIII), on behalf of the applicants herein to the same addressees as above, wherein it is further submitted, on their behalf, by the Advocate, as follows -
3. It is further stated to me that after death of P.Sudhakar, my clients made oral representations and filed a written representation dated on 18.12.2019 before No.1 to 3 of this notice on dated 18.12.2019 and 20.12.2019 before No.4 of this notice, requesting your kind authorities to release the death benefits arising out of death of late P.Sudhakar, Telecom Mechanic, H.R.Staff No.199305459, Telephone Exchange, Ootpally, Bodhan in favour of my clients, But your kind authorities have so far not considered my clients request, as such my clients are constrained to issue this legal notice to all of you.
In these letters, dt.18.12.2019 and 04.02.2020, the following request has been made -
"......to release the death benefits arising out of service of my husband late P.Sudhakar, Telecom Mechanic H.R.Staff No.199305459, Telephone Exchange, Ootpally, Bodhan, Nizamabad who died on 20.03.2019 and also consider No.2 of this representation for compassionate appointment in the department ......."
11. The letter, dt. 19.02.2020, of the Chief Accounts Officer (CA), O/o CGM, Telecom, Telangana Telecom Circle, Hyd, (Ann.A-X), is significant. It reads as given below -
"To The Dy. General Manager/ IFA O/o GMTD, Nizamabad.
Sub: Release of death benefits of Late Shri P.Sudhakar, TM, HR No: 199305459 reg.
Ref: Representation received from Smt. P. Vijaya Laxmi, W/o late Sri P.Sudhakar dated 19.12.2019 through SDE (Staff-II), CO-Hyd lr dtd.13.01.2020.
Kind reference is invited to the representation dated 19.12.2019 received from Smt. P.Vijaya Laxmi, W/o late Sri P.Sudhakar TM, HR No:
199305459 on the subject above. It is requested to process the family pension case of Smt. P.Vijaya Laxmi W/o late Sri P.Sudhakar, TM, HR No: 199305459 immediately in co-operation with Legal Section of your SSA. (emphasis added) Digitally signed by PANDIRLAPALLI SANDHYA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= DEPARTMENT OF PERSONNEL AND TRAINING, PostalCode= PANDIRLAPA 500004, L=Hyderabad, S=Telangana, STREET=NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD, Phone= ec4f909cdddc28931061bef733616fb5c65493d179209a8c2cfaa0a51 0742c22, SERIALNUMBER= 35e33c0d6e61374d1b11744a97265175a0ceaf8ba7768772f41813a4 LLI SANDHYA eb590082, [email protected], CN=PANDIRLAPALLI SANDHYA Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.02.12 15:36:40+05'30' Foxit PDF Reader Version: 2024.3.0 9 OA.No.99/2021 In this connection, it is requested to intimate the progress of the case to this office on or before 29.02.2020 for appraisal of General Manager (Finance), TT Circle, Hyderabad.
Encl: As above Chief Accounts Officer (CA)"
A copy of this letter has been marked to Smt.P.Vijaya Laxmi. Almost one year had elapsed since the time of the above communication till the filing of this OA, but the pension case of the applicants was not decided.
12. In their reply statement, filed on 21.07.2023, Respondents are found to be harping on the mistake made at para 4 (ii), in the original OA, even though it has been corrected on 07.09.2022, as mentioned above. Other than that, they have mentioned that late P.Sudhakar had nominated his mother for the family pension and his father for retirement/death gratuity. It is also contended that adoption of P.Vinay Kumar by P.Sudhakar had not been intimated and even the intimation regarding his marriage to P.Vijaya Laxmi was delayed. Explanation as well as legal heir certificate could not be submitted, as directed by the department, before P.Sudhakar expired.
13. From the annexures to the reply, it is seen that, on 16.05.2013, i.e., after slightly over two years of his marriage, P.Sudhkar had submitted the Marriage Certificate to the D.E., Admn, O/o GMTD, NZD, and requested for issue of a revised BSNL MRS card to extend MRS facility to his wife. He also requested to delete his father's name as he had expired. The fresh MRS Card, dt.18.07.2013, contained the names of his wife, P.Vijaya Laxmi (A-1 herein) and Pochamma, 78 yrs, his mother. The opening sentences in the letter, dt.16.05.2013, (Ann.R-1), read thus -
Digitally signed by PANDIRLAPALLI SANDHYA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= DEPARTMENT OF PERSONNEL AND TRAINING, PostalCode= PANDIRLAPA 500004, L=Hyderabad, S=Telangana, STREET=NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD, Phone= ec4f909cdddc28931061bef733616fb5c65493d179209a8c2cfaa0a51 0742c22, SERIALNUMBER= 35e33c0d6e61374d1b11744a97265175a0ceaf8ba7768772f41813a4 LLI SANDHYA eb590082, [email protected], CN=PANDIRLAPALLI SANDHYA Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.02.12 15:36:40+05'30' Foxit PDF Reader Version: 2024.3.0 10 OA.No.99/2021 "I P.Sudhakar working as Telecom Mechanic at Telephone Exchange Ootpally and my HR.No. is 199305459. I have married on 24.03.2011. A Marriage Certificate xerox copy also enclosed with this application...."
14. Letter, dt.31.01.2019, (Ann-R/IV), of late P.Sudhakar, reads as follows -
"To The Deputy General Manager (A&P) O/o GMTD, BSNL, Nizamabad.
Sir, Sub: Request for entry of family particulars in the service records. ERP on marriage intimation - Reg.
It is intimated that I have got marriage with P.Vijaya Laxmi, the Sub Registrar Office, Bodhan on 24.03.2011 and the Admission Registered on 17.11.20011. Copy of Marriage Certificate is enclosed.
Hence, I request you to kindly enter the name of my wife Smt.P.Vijaya Laxmi in ERP." (emphasis added)
15. In response to the above, the Sub-Divisional Engineer (HR & A), BSNL, O/o GMTD, NZB, wrote to P.Sudhakar, TT, vide letter, dt.25.02.2019 -
"Sub: Reason for delay intimation of marriage - Regarding. Ref: Your letter dated 31.01.2019 ***** With reference to the letter cited above, you are hereby instructed to explain the reason for delayed intimation regarding your marriage with Smt.P.Vijayalaxmi and also submit the legal heir certificate from concerned competent authority.
Your explanation along with legal heir certificate should reach this office within a month."
16. P.Sudhakar, TT, Expired on 20.03.2019, less than a month after the issue of the above letter. The explanation for delay in intimating as well as legal heir certificate, could not be submitted by the deceased. The applicant has submitted in her representation, dt.18.12.2019, that -
".......in the month of October 2018 my husband fell ill with Acute Stroke with left Hemiparisis, Hypertension and Brain Stroke with HTN and he was under
treatment for more than 4 months and finally my husband died on 20.03.2019."Digitally signed by PANDIRLAPALLI SANDHYA
DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= DEPARTMENT OF PERSONNEL AND TRAINING, PostalCode= PANDIRLAPA 500004, L=Hyderabad, S=Telangana, STREET=NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD, Phone= ec4f909cdddc28931061bef733616fb5c65493d179209a8c2cfaa0a51 0742c22, SERIALNUMBER= 35e33c0d6e61374d1b11744a97265175a0ceaf8ba7768772f41813a4 LLI SANDHYA eb590082, [email protected], CN=PANDIRLAPALLI SANDHYA Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.02.12 15:36:40+05'30' Foxit PDF Reader Version: 2024.3.0 11 OA.No.99/2021 Thus, the deceased was in critical condition since Oct., 2018, before his eventual death. The request, dt. 31.01.2019, for entry of family particulars in service records, was apparently submitted when the TT was in poor state of health.
17. As per records, the nomination for family pension in favour of his mother and the nomination for GPF, in favour of his father, were made by the deceased, P.Sudhakar, on 18.09.2006. His father had expired on 27.05.2011 and the DGRG nomination was declared invalid. Both these nominations were made much before his marriage to Smt. P.Vijaya Laxmi.
18. According to the learned counsel for the applicants, the respondents have accepted the fact that a copy of the marriage certificate, dated 17.11.2011, issued by the Marriage Officer, Bodhan, was with them along with the letter, dated 16.05.2013, submitted by Late Sri P.Sudhakar.
19. It is argued by the learned counsel for the applicants that the entitlement to pension or otherwise is decided not as per the nominations. Entitlement in this regard would be decided strictly as per the CCS (Pension) Rules. As per the CCS (Pension) Rules, 2021, Rule 45 provides for Retirement Gratuity and Death Gratuity. The explanation under Rule 45, reads as follows:
EXPLANATION.- For the purposes of this Rule and Rules 46, 47, 48 and 49, 'family', in relation to a Government servant, means,-
(i) wife or wives including judicially separated wife or wives in the case of a male Government servant;
x x x x
(iii) sons including stepsons and adopted sons;
x x x x
(vi) father including adoptive parents ..................
(vii) mother including adoptive parents ...............Digitally signed by PANDIRLAPALLI SANDHYA
DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= DEPARTMENT OF PERSONNEL AND TRAINING, PostalCode= PANDIRLAPA 500004, L=Hyderabad, S=Telangana, STREET=NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD, Phone= ec4f909cdddc28931061bef733616fb5c65493d179209a8c2cfaa0a51 0742c22, SERIALNUMBER= 35e33c0d6e61374d1b11744a97265175a0ceaf8ba7768772f41813a4 LLI SANDHYA eb590082, [email protected], CN=PANDIRLAPALLI SANDHYA Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.02.12 15:36:40+05'30' Foxit PDF Reader Version: 2024.3.0 12 OA.No.99/2021 It is further submitted that Rule 46 of the CCS (Pension) Rules provides for nominations only for the purpose of receiving the retirement gratuity or death gratuity payable under Rule 45. Rule 47 provides for persons to whom gratuity is payable.
20. It is further submitted that Rules 45, 46 & 47 of the CCS (Pension) Rules provide for nominations only for retirement gratuity or death gratuity and not for pension or family pension. As far as the family pension is concerned, in the CCS (Pension) Rules, 2021, Rule 50 provides for the entitlement of family pension. Sub Rule 8(a) of Rule 50 categorically lays down that -
"if the deceased Government servant or the pensioner is survived by a widow or widower, family pension at the rate specified in sub rule (2) shall be payable to such widow or widower, up to the date of death or re-marriage, whichever is earlier and the eligibility of widow or widower for family pension shall not be affected by the amount of her or his income from other sources."
21. It is further submitted on behalf of the applicants that in Smt.Saravati Devi and another Vs. Smt.Usha Devi (1984 SC (1) 424), the Hon'ble Supreme Court, while dealing with the subject matter of the role of the Nominee held that -
"a mere nomination made under Section 39 of the Insurance Act, 1938, does not have the effect of conferring the nominee any beneficial interest in the amount payable under the Life Insurance Policy on the death of the accused. The nomination only indicates the hand which is authorized to receive the amount. The amount however can be claimed by the heirs of the assured in accordance with the law of succession governing the same."
22. Learned Counsel for the Applicants has also relied upon the order, dt.08.12.1991, of the Hon'ble Supreme Court in the case of Smt. Violet Issac & Ors. Vs. Union of India & Ors., [1991 SCR(1) 282]. The relevant portions are extracted hereunder -
Digitally signed by PANDIRLAPALLI SANDHYA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= DEPARTMENT OF PERSONNEL AND TRAINING, PostalCode= PANDIRLAPA 500004, L=Hyderabad, S=Telangana, STREET=NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD, Phone= ec4f909cdddc28931061bef733616fb5c65493d179209a8c2cfaa0a51 0742c22, SERIALNUMBER= 35e33c0d6e61374d1b11744a97265175a0ceaf8ba7768772f41813a4 LLI SANDHYA eb590082, [email protected], CN=PANDIRLAPALLI SANDHYA Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.02.12 15:36:40+05'30' Foxit PDF Reader Version: 2024.3.0 13 OA.No.99/2021 ".......Family Pension Rules 1964 provide for the sanction of family pension to the survivors of a Railway Employee. Rule 801 provides that family pension shall be granted to the widow/widower and where there is no widow/widower to the minor children of a Railway servant who may have died while in service. Under the Rules son of the deceased is entitled to family pension until he attains the age of 25 years, an unmarried daughter is also entitled to family pension till she attains the age of 25 years or gets married, which ever is earlier. The Rules do not provide for payment of family pension, to brother or any other family member or relation of the deceased Railway employee. The Family Pension Scheme under the Rules is designed to provide relief to the widow and children by way of compensation for the untimely death of the deceased employee. The Rules do not provide for any nomination with regard to family pension, instead the Rules designate the persons who are entitled to receive the family pension. ................ to the widow. The Court observed:
"........The Court further held that what was not payable during the life time of the deceased over which he had no power of disposition could not form part of his estate. Since the qualifying event occurs on the death of the deceased for the payment of family pension, monetary benefit of family pension cannot form part of the estate of the deceased entitling him to dispose of the same by testamentary disposition.
We, accordingly hold that Mrs. Violet Issac the widow of the deceased Railway employee is entitled to receive the family pension, notwithstanding, the will alleged to have been executed by the deceased on 9.9.1984 in favour of his brother Elic Alfred.
23. While the position in respect of entitlement to the pension on the demise of the government servant, has been clarified by the Apex Court, Rule 47 of the CCS(Pension) Rules, 2021, is clear with regard to the entitlement to gratuity-
"47. Persons to whom gratuity is payable.-
(1)(a) The gratuity payable under rule 45 shall be paid to the person or persons on whom the right to receive the gratuity is conferred by means of a nomination under rule 46.
(b) In case there is no such nomination or if the nomination made does not subsist, the gratuity shall be paid in the manner indicated below,-
(i) if there are one or more surviving members of the family as in clauses (i), (ii),
(iii), (iv) and (v) of the explanation below sub-rule (6) of rule 45, to all such members in equal shares."
24. The Govt. of India, from time to time, has tried to simplify the procedure to ensure smooth payment of pension/family pension to the concerned. Among the Govt. of India's Decisions, cited in Swamy's Compilation Incorporating Digitally signed by PANDIRLAPALLI SANDHYA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= DEPARTMENT OF PERSONNEL AND TRAINING, PostalCode= PANDIRLAPA 500004, L=Hyderabad, S=Telangana, STREET=NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD, Phone= ec4f909cdddc28931061bef733616fb5c65493d179209a8c2cfaa0a51 0742c22, SERIALNUMBER= 35e33c0d6e61374d1b11744a97265175a0ceaf8ba7768772f41813a4 LLI SANDHYA eb590082, [email protected], CN=PANDIRLAPALLI SANDHYA Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.02.12 15:36:40+05'30' Foxit PDF Reader Version: 2024.3.0 14 OA.No.99/2021 CCS (Pension) Rules (Twenty-Firth Edition-2023), at Sl.No.7, it is stipulated as follows:
"(7) In the event of death of a family pension, the arrears of family pension is payable to eligible member of he family next in line. - It is not considered necessary to provide the facility of nomination for family pension. In the event of death of a family pensioner, the right to receive any arrears of family pension would automatically pass on to the eligible member of a family next in line in accordance with Rule 54 of CCS (Pension) Rules, 1972.
2. The requirement of succession certificate for payment of any arrear should be required only in cases, where there is no eligible family member as defined in the above Rule 54, after the death of a family pensioner.
3. These instructions may be brought to the notice of all disbursing authorities." [G.I., Dept. of Pen. & PW., O.M.No.43/4/95-P. & P.W. (G), dated the 30th October 1995] Further, in respect of eligible children, it has been clarified as follows:
(8) Spouse of the deceased pensioner can furnish details of eligible children. -
Representations have been received about making eligible the spouse to furnish the details of eligible children, including handicapped children, to the pension sanctioning authority where the same was not furnished by the employee / pensioner.
2. The matter has been considered in this Department and it has been decided to allow the spouse of the deceased pensioner/ Government servant if the details of such children were not furnished by the latter, to furnish the details of eligible children to the pension sanctioning authority as it will help in settling family pension cases.
3. This OM issues in consultation with C. & A.G. of India, vide their U.O. No.685- AC.II/288-97-II, dated 24.10.1998.
[G.I., Dept. of Pen. & P.W., O.M.No.1/21/91-P.P.W.,(E) (Pt.), dated the 15th January, 1999.]
25. In the present case, we find that there is no dispute regarding the relationship of the applicants with the deceased Govt. servant who, despite the delay, has, within his life-time, intimated the fact of his marriage to Smt. Vijaya Laxmi, to the department and has also submitted his Certificate of Marriage to them. He has also reiterated this fact in his letter, dt.31.01.2019, requesting to enter the name of his wife in the ERP/Service records. Nothing more can be expected of him as he has expired in March, 2019. Respondents have not raised any grounds to disprove the fact of marriage or adoption of Sri P.Vinay Kumar as his son by Digitally signed by PANDIRLAPALLI SANDHYA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= DEPARTMENT OF PERSONNEL AND TRAINING, PostalCode= PANDIRLAPA 500004, L=Hyderabad, S=Telangana, STREET=NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD, Phone= ec4f909cdddc28931061bef733616fb5c65493d179209a8c2cfaa0a51 0742c22, SERIALNUMBER= 35e33c0d6e61374d1b11744a97265175a0ceaf8ba7768772f41813a4 LLI SANDHYA eb590082, [email protected], CN=PANDIRLAPALLI SANDHYA Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.02.12 15:36:40+05'30' Foxit PDF Reader Version: 2024.3.0 15 OA.No.99/2021 the deceased. Govt. of India directions are very clear. It is now for the department to act on the documents submitted by the applicants as well as the deceased and release the dues that they are entitled to. In fact, the Accounts Officer (PEN) in the letter, dt.17.03.2023, to the Accounts Officer (Pay), O/o PGMTD, BSNL, Nizamabad, has sought certain documents for this purpose, by stating that -
"3.The above wanting clarifications/entries/documents may be furnished immediately so as to settle the pension case at the earliest. The entire set of documents and Service Book, received vide your letter cited above, is returned herewith for resubmission after taking necessary action as above."
The department must act without any delay, as advised in the said letter.
26. In the light of the above, the OA is allowed with the following directions:
i. Family pension and other pensionary benefits, with all consequential benefits, may be released to Applicant No.1, Smt.P.Vijaya Laxmi, wife of late P.Sudhakar.
ii. In case, the son, Sri P.Vinay Kumar, Applicant No.2, is eligible for receiving certain amounts, as per the rules, he may be paid the same.
iii. The entire exercise, as above, shall be completed within a period of three months from the date of receipt of a copy of this order.
Pending MAs, if any, stand closed. No order as to costs.
(Varun Sindhu Kul Kaumudi) Administrative Member 07.02.2025 /ps/ Digitally signed by PANDIRLAPALLI SANDHYA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= DEPARTMENT OF PERSONNEL AND TRAINING, PostalCode= PANDIRLAPA 500004, L=Hyderabad, S=Telangana, STREET=NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD, Phone= ec4f909cdddc28931061bef733616fb5c65493d179209a8c2cfaa0a51 0742c22, SERIALNUMBER= 35e33c0d6e61374d1b11744a97265175a0ceaf8ba7768772f41813a4 LLI SANDHYA eb590082, [email protected], CN=PANDIRLAPALLI SANDHYA Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.02.12 15:36:40+05'30' Foxit PDF Reader Version: 2024.3.0