Bombay High Court
Sou. Deepamala Yuvraj Yadav And Anr vs The Executive Engineer, Maharashtra ... on 31 March, 2021
Author: R.I. Chagla
Bench: K.K. Tated, R.I. Chagla
13 WP 5975-15.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 5975 OF 2015
Deepmala Yuvraj Yadav & Anr. ... Petitioners
Versus
The Executive Engineer,
Maharashtra State Electricity Board & Ors. ...Respondents
.........
Ms Kalpana Trivedi for the Petitioners.
Mr. Rakesh Singh with Ms Heena Shaikh i/b M. V. Kini & Co. for the
Respondent Nos. 1 and 2.
Mr. R. P. Kadam, AGP for the State.
.........
CORAM : K.K. TATED &
R.I. CHAGLA, JJ.
DATE : 31st MARCH, 2021.
P.C. :-
Heard.
2. By this petition, under Article 226 of the Constitution of India, the Petitioners are seeking direction against Respondent No.1 to 4 to decide the pending proposal of the Petitioner for granting of monthly children pension forthwith and disbursing of monthly family pension to the Petitioner from the date of their entitlement forthwith.
3. In the present proceedings Respondent No.4 fled an affdavit in reply dated 27/01/2017 stating the pension application under Employees Family Pension Scheme, 1971 was forwarded to the Sub-Regional Offce, Kolhapur on 26/04/2013 and the same is Laxmi 1 / 3 ::: Uploaded on - 03/04/2021 ::: Downloaded on - 04/09/2021 10:49:22 ::: 13 WP 5975-15.doc pending for the fnal decision. Paragraph 6 and 7 of an affdavit in reply dated 27/01/2017 reads thus:
"6. It is submitted that the Respondent No. 1-3 has forwarded the pension application in respect of the deceased member to Respondent no.4 on 25/04/2013. The pension claim is preferred by the widow of the deceased member and not by the children/petitioners of the deceased member.
7. It is submitted that the Respondent No.4 has processed the pension application under EFP Scheme 71 and forwarded pension input data sheet to Sub Regional Offcer, Kolhapur on 26/04/2013 for disbursement of monthly pension to the widow of the deceased member. The pension has been sanctioned & disbursed to the widow of the deceased member and there is no grievance in that regards before Respondent No.4.
4. On the other hand, Respondent Nos. 1 to 3 submits that Mr. Sunil Mahadeo Mane, Executive Engineer, MSEDCL fled an affdavit in reply dated 10/06/2019 stating that the children of the deceased are not entitled any pension under the Employees Family Pension Scheme 1971. To that effect, he relies on paragraph 2 of their affdavit in reply which reads thus:
"2. I further state that with respect to the present petition the Respondent submits that after being aware of the writ petition being fled by the petitioners the Executive Engineer Urban Division Issued letter NO.2001 dated 06/05/2016 to Commissioner Employees Provident Fund Organization Kolhapur and called for the information in respect to the payment of pension to the legal heirs of deceased. Thereafter the EPFO Sub Regional Offce Kolhapur vide its letter dated 19/05/2016 informed the MSEDCL that as deceased Laxmi 2 / 3 ::: Uploaded on - 03/04/2021 ::: Downloaded on - 04/09/2021 10:49:22 ::: 13 WP 5975-15.doc employee died on 10/02/1991 therefore the children are not entitled to get the pension under Employees Family Pension Scheme, 1971."
5. It is to be noted that, the learned counsel for Respondent Nos 1 to 3 made a statement before this Court that they are paying the family pension to the widow of deceased Pandurang Gaikwad. He submits that they are ready and willing to place on record details since when they are paying pension to the widow of the deceased and at what rate. Hence, the following order:
a. Respondent Nos. 1 to 3 are directed to fle an additional affdavit in reply on or before 06/04/2021 explaining how much amount they are paying by way of pension to the widow of deceased Pandurang Gaikwad and since when.
b. Matter to appear on board on 08/04/2021.
( R.I. CHAGLA, J. ) ( K.K. TATED, J. ) Laxmi 3 / 3 ::: Uploaded on - 03/04/2021 ::: Downloaded on - 04/09/2021 10:49:22 :::