Central Administrative Tribunal - Allahabad
Smt Kalasiya Devi vs General Manager N C Rly on 24 August, 2020
1
RESERVED
CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH
ALLAHABAD.
Dated : This the 24th day of August, 2020
Original Application No. 330/00333 of 2019
Hon'ble Mrs. Justice Vijay Lakshmi, Member (J)
Smt. Kalasiya Devi, aged about 72 years (Senior Citizen),
Wife of Late Yogendra Rai, resident of Village-Mansinghpur Bijhrauli,
District-Vaishali.
. . .Applicant
By Adv : Shri Rajeev Kumar
Shri P.K. Mishra
VERSUS
1. Union of India through General Manger, North Central Railway,
Headquarters Office, Subedarganj, Allahabad.
2. Divisional Railway Manager, North Central Railway, Nawab Yusuf
Road, Allahabad.
3. The Branch Manager, Central Bank of India, Branch-Jasparha,
District-Vaishali-844505-(Bihar) Pension disbursing Branch.
4. The Chief Manager, Central Bank of India, Main Branch, Hazipur,
Vaishali-844505 (Bihar)- Pension disbursing bank.
. . .Respondents
By Adv: Shri Ajay Kumar Rai
Shri A.K. Jaiswal
ORDER
By Hon'ble Mrs. Justice Vijay Lakshmi, Member (Judicial) The present original application has been filed by the applicant seeking the following reliefs:-
"8. Relief Sought It is, therefore, most respectfully prayed that this Hon'ble Tribunal may graciously be pleased to:-
a. Issue an order or direction to the Respondents to issue/grant the family pension to the applicant from the date of missing of her husband.
b. Issue an order or direction to the Respondents to pay the arrears of family pension and other consequential benefits to the applicant with 12% interest from the date of due to date of actual payment.2
c. Issue any other and further orders or direction, which this Hon'ble Tribunal may deem fit and proper in the circumstances of the present case.
d. Award the appropriate cost in favour of the applicant".
2. Heard Shri Rajesh Kumar and Shri P.K. Mishra, learned counsel for the applicants, Shri Ajay Kumar Rai representing respondent no.1 and 2 and Shri A.K. Jaiswal representing respondent nos. 3 and 4. Perused the record which is available in Pdf. form as well as in physical form.
3. The brief facts giving rise to the dispute involved in this original application is that applicant's husband late Yogendra Rai was working in North Central Railway as a Shed man since 29.09.1967. After being retired on 30.09.2003, he started getting pension w.e.f. 01.10.2003 from Central Bank of India, Branch Jasparha, District, Vaishali, Bihar. The photocopy of his pension payment order has been annexed as Annexure No.A-1 to the OA. Unfortunately, after some time, he got mentally disturbed. On 15.11.2007 at about 8 AM in the morning, he went for a morning walk but never came back. The family members searched for him at every possible location but he could not be found.
4. After waiting for a long time in the hope that someday he would return back, the son of the applicant lodged a missing report at Police Station Tisiauta, District-Vaishali, Bihar, which was registered SANHA No. SBED No.401/03 dated 21.11.2007. A copy of the aforesaid missing report has been annexed as Annexure A-2.
5. Despite vide publicity regarding the missing of applicant's husband with the help of pasting pamphlets on all possible locations, when he could not be traced out, the family members on 24.05.2018 performed his symbolic last rites, treating him as dead, after burning his effigy in the presence of villagers and Gram Pradhan as per the custom prevailing in their community 3 and village. On the basis of the above formality, a formal death certificate was issued mentioning the date of death of applicant's husband as 24.05.2018, from Registrar office of Death and Birth registration, Jandaha, Bijhrauli, District-Vaishali, Government of Bihar. The photocopy of death certificate has been annexed with this OA as Annexure A-5.
6. In the pension payment order, the name of applicant Smt. Kalasiya Devi, wife of Late Yogendra Rai, was mentioned as the person authorized to receive family pension @ of Rs.1650/- per month, till her life time.
7. The grievance of the applicant is that even after expiry of more than 11 years and despite approaching the concerned authority and bank several times requesting them for payment of family pension, the applicant has not been paid even a single penny so far.
8. Learned counsel for the applicant contends that vide DOPT OM No.1/28/04-P&PW(E) dated 02.07.2010, on the subject of grant of family pension in case of missing pensioner, it has been clearly provided that "family pension to the eligible family members of a government servant/ pensioner reported missing and whose whereabouts are not known, may be sanctioned after a period of 6 months from the date of registration of an FIR with the police".
9. Learned counsel for the applicant has further contended that on 01.01.2019 a legal notice was also given to all the respondents for payment of family pension to the applicant and its arrears with interest within 30 days of receipt of notice. But the respondents neither responded nor paid any amount of pension to the applicant even after expiry of three months. A copy of the legal notice has also been annexed as Annexure A-7 to the OA. 4
10. On the aforementioned grounds it has been prayed that the OA be allowed and the reliefs sought be granted to the applicant.
11. The respondents have filed counter affidavit, in which they have not denied the facts as mentioned in the OA. In para 3 of the counter affidavit it has been stated that the office of respondent no.2 has already issued a letter on 23.01.2020 to the respondent no.3 namely the Branch Manager, Central Bank of India, Branch Jasparha, District Vaishali, Bihar, which is the pension disbursing branch of the bank and has advised to arrange the payment of family pension to Smt. Kalasiya Devi after completing the due formalities under intimation to office of respondent no.2 namely Divisional Railway Manager, North Central Railway, Nawab Yusuf Road, Allahabad.
12. My attention in this regard has been drawn to CA-1 annexed with counter affidavit which is the copy of letter dated 13.01.2020 which is addressed to the concerned branch of Central Bank of India whereby the Branch Manager has been requested by Divisional Personnel Officer/Admin of North Central Railway to make arrangements to pay family pension to Smt. Kalasiya Devi after completing due formalities.
13. Learned counsel appearing on behalf of Bank submits that in view of the above, the respondent no.3 and 4 have no objection in granting the amount of family pension to the applicant and the bank is ready for payment after completing all the formalities.
14. On this, learned counsel for the applicant contended that already a considerable delay has been caused by the respondents in payment of family pension to the applicant and the applicant is in no way responsible for such delay. More so, the applicant is an old lady aged about 73 years and 5 she has not received any amount of family pension even after expiry of a long period since after the lodging of missing report of her husband on 21.11.07, whereas, as per DOPT OM dated 02.07.2010, the applicant is entitled to receive family pension since after six months from the lodging of the FIR, therefore some interest may also be provided to the applicant on the arrears accrued so far.
15. Considering all the facts and circumstances of the case and specially the age of the applicant, as she is already 72 years of age, moreover when there is no denial of the averments related to facts, as mentioned in the OA, and keeping in view that a letter in this regard has already been issued by the Divisional Railway Manager, North Central Manager, Allahabad to branch manager of pension disbursing bank, this original application is finally disposed of with a direction to the respondents to ensure the payment of family pension and the arrears accrued so far since after six months from lodging of FIR on 21.11.2007, alongwith interest at the prevailing rate, to the applicant, within a period of six weeks from the date of receipt of a certified copy of this order.
16. No order as to costs.
(Justice Vijay Lakshmi) Member (J) /neelam/