Central Administrative Tribunal - Delhi
Shanti Devi vs M/O Railways on 2 December, 2016
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH
O.A. No. 92/2014
M.A. No. 108/2014
New Delhi, this the 2nd day of December, 2016
HON'BLE MR. P.K. BASU, MEMBER (A)
Smt. Shanti Devi,
W/o Shri Pan Singh Visht, Through LRs
(1) Shri Virendra Singh Bisht,
S/o Late Shri Pan Singh Bisht
(2) Anand Singh,
S/o Late Shri Pan Singh Bisht
All R/o A-7, New Friends Colony,
New Delhi. .. Applicants
(By Advocate : Shri T.D. Yadav)
Versus
1. Union of India
Through General Manager,
Northern Railway,
Baroda House, New Delhi.
2. The Divisional Railway Manager,
Northern Railway, Moradabad,
Moradabad (UP).
3. Sr. Divisional Operating Manager,
Northern Railway, Moradabad.
4. Sr. Divisional Safety Officer,
Northern Railway, Moradabad. .. Respondents
(By Advocate : Shri Krishan Kant Sharma for
Shri Kripa Shankar Prasad)
2 OA 92/2014
ORDER (ORAL)
. The applicant in this O.A., Smt. Shanti Devi, was the wife of Shri Pan Singh Visht, who was an employee of respondent No.2, who went missing from 25.09.1998 and an FIR was lodged in this regard on 22.12.1999. Due to his absence, the respondents had charge-sheeted the employee and passed the penalty of removal on 08.05.2001.
2. However, in their reply, the respondents have clarified that, in view of the employee not being traceable, as an FIR was lodged on 22.12.1999, the award of punishment dated 08.05.2001 was treated as 'null and void'. In fact, in para 4.14 of the reply, it is stated that the service record of the employee was asked for so that applicable benefits may be availed by the family.
3. Smt. Shanti Devi died on 12.04.2014 as a result of Cancer and her sons, viz. Shri Virendra Singh Bisht and Anand Singh, were impleaded as parties. The applicants have filed an affidavit stating that apart from these two sons, the deceased has two daughters, who have filed an affidavit stating that they have no objection if the pensionary benefits are released in favour of Shri Virendra Singh Bisht and Shri Anand Singh.
3 OA 92/2014
4. The relevant instructions in this regard in RBE 63/91 dated 27.03.1991 (Annexure-J) provides as follows:
"2. Board's letter of even number dated 19.9.86, as well as the letter, will also be applicable in the case of missing pensioners mutatis mutandis.
3. The date of disappearance of the employee/pensioner will be reckoned from the date the First Information on Report is lodged with the Police, and the period of one year after which the benefits of family pension and gratuity are to be sanctioned will also be reckoned from this date. However, the benefits to be sanctioned to the family, etc., of the missing employee will be based on and regulated by the emoluments drawn by him and the rules/orders applicable to him as on the last date he/she was on duty including authorised periods of leave. "Family pension at normal/enhanced rates, as may be applicable in individual cases, will be payable to the families of missing employees." Family pension where sanctioned at pre 1.1.1986 rates will be revised/and consolidated w.e.f. 1.1.1986 in terms of this Ministry's letter No.PC-IV/87/Imp.PN1 dated 20.4.87 as amended from time to time.
4. In the case of missing pensioners, the family pension at the rates indicated in the PPO will be payable and may be authorised by the Head of the Office concerned. Where the PPO does not contain this information, the Head of Office will take necessary action to sanction the family pension as due, as provided in Para 3 above.
5. Death gratuity will also be payable to the families, but not exceeding the amount which would have been payable as retirement gratuity if the person had retired. The difference between retirement gratuity and death gratuity shall be subsequently payable after the death is conclusively established or on the expiry of seven years period from the date of missing.
6. The Indemnity Bond to be obtained for the purpose from the family members, etc. will be in the formats enclosed with this letter. Separate formats for use in the case of missing employees & missing pensioners have been prescribed. These formats have finalised in consultation with the Deptt. of Legal Affairs."
5. In view of above facts, the applicants would be entitled to family pension in accordance with RBE 63/1991. The respondents are, therefore, directed to provide pensionary benefits to the family 4 OA 92/2014 members in accordance with the applicable rules from 22.12.1999 (date of filing of FIR). The time frame fixed for compliance of this order is 90 days from the date of receipt of a certified copy of this order.
6. With the above direction, O.A. stands disposed of. No order as to costs.
(P.K. Basu) Member (A) /Jyoti/