Central Administrative Tribunal - Kolkata
Shrabanti Ghosh vs Eastern Railway on 6 June, 2025
1 o.a. 350.00819.2024
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH, KOLKATA
No. O.A. 350/00819/2024 Heard on 08.05.2025
Date of order: 06.06.2025
Present : Hon'ble Mr. Anindo Majumdar, Administrative Member
Shrabanti Ghosh, wife of Late Ramen Ghosh,
aged about 36 years, by occupation Housewife,
residing at Village- Dariala, P.O.- Kampa, P.S.-
Jetia, District-North 24 Parganas, PIN-743193.
........ Applicant.
- VERSUS-
1. Union of India, service through the General
Manager, Eastern Railway, Fairlie Place,
Kolkata-700001.
2. The Principal Chief Personnel Officer,
Eastern Railway, Fairlie Place, Kolkata-
700001.
3. The Chief Works Manager, Eastern
Railway, Kanchrapara, KPA Workshop,
Workshop Road, Post- Kanchrapara Loco
Shop S.O., North 24 Parganas, Pin Code-
743145.
4. The Workshop Personnel Officer, Office of
the CWM/KPΑ, Eastern Railway. Kanchrapara
Workshop. Workshop Road, Post-
Kanchrapara Loco Shop S.O.. North 24
Parganas, Pin Code-743145.
Digitally signed by DhanuRam Hansda
DN: C=IN, O=Personal, T=6595, OID.2.5.4.65=
DhanuRam
1335963871619011253g9LkE5GCXYJC4, Phone=
ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8
dad5b6505515, PostalCode=711112, S=West Bengal,
SERIALNUMBER=
c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89
Hansda b777a0a70d71, CN=DhanuRam Hansda
Reason: I am the author of this document
Location:
Date: 2025.06.11 15:55:24+05'30'
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2 o.a. 350.00819.2024
5. The Assistant Welfare Officer, Eastern
Railway, Kanchrapara, KPA Workshop,
Workshop Road, Post- Kanchrapara Loco
Shop S.O.. North 24 Parganas, Pin Code-
743145.
....... Respondents.
For the Applicant : Mr. Arpa Chakraborty, Counsel
Mr. S. Roy, Counsel
For the Respondents : Mr S. Bhattacharya, Counsel
ORDER
In accordance with the order of the Hon'ble Chairman, CAT, Principal Bench, dated 10.09.2021 issued under Sub -Section (6) of Section 5 of the Administrative Tribunals Act, 1985, this matter can be taken up by a Bench consisting of a single Member. Accordingly, this matter is taken up for disposal by this Single Bench.
2. The applicant has filed this Original Application, seeking the following relief(s):
"i) An Order do issue directing the respondents to act and proceed in accordance with the provisions of law;
ii) Impugned Office Orders of rejection dated 14.09.2022, 19.10.2023 and 27.05.2024 issued by the office of the respondent No. 6 denying release of the pensionary benefits and settlement dues are not sustainable in the eye of law and as such the same may be quashed:
iii) An Order do issue directing the respondents to issue directions upon the Competent Authority to release all the settlement dues including pensionary benefits, terminal benefits in favour of the applicant at an earliest along with the interest accrued on the said amount till the date of actual payment;Digitally signed by DhanuRam Hansda
DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= DhanuRam 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8 dad5b6505515, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89 Hansda b777a0a70d71, CN=DhanuRam Hansda Reason: I am the author of this document Location:
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3 o.a. 350.00819.2024
iv) An Order do issue directing the respondents to issue directions to the Competent Authority to grant all consequential benefits in favour of the applicant at an earliest:
v) To grant Costs and incidentals;
vi) Certify and transmit the entire records and papers pertaining to the
applicant's case so that after the causes shown thereof conscionable justice may be done unto the applicant by way of grant of reliefs as prayed for in (i), (ii), (iii),
(iv) and (v) above;
vii) Any other order or orders as the Hon'ble Tribunal deems fit and proper."
3. The applicant is the wife of Late Ramen Ghosh, an employee of Eastern Railway who died in harness on 5th December, 2021. After the death of Late Ramen Ghosh, his mother, Smt. Pramita Ghosh had filed a complaint against the applicant, her father, mother, and other relatives in the Court of Ld Additional Chief Judicial Magistrate( A.C.J.M) at Barrackpore alleging that these persons were responsible for abetment of suicide of her son, Late Ramen Ghosh. A case under section 306/406/323/324/325/380/120B/506/34 of IPs was initially registered against the applicant and some of her relatives .The applicant surrendered before the court of Additional Chief Judicial Magistrate, Barrackpore and vide his order dated 25/1/2022, she was enlarged on bail. Thereafter, the applicant was charged under sections 341/323/352/504 IPC vide charge sheet dated 31.3.2023 in the court of Learned Additional Chief Judicial Magistrate, Barrackpore North, 24 Parganas (Annexure A2). Digitally signed by DhanuRam Hansda
DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= DhanuRam 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8 dad5b6505515, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89 Hansda b777a0a70d71, CN=DhanuRam Hansda Reason: I am the author of this document Location:
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4 o.a. 350.00819.2024 An office order dated 20.01.2022 was issued by the Workshop Personnel Officer, Kanchrapara Workshop , Eastern Railway, whereby the service of late Ramen Ghosh was terminated with effect from 05.12.2021, consequent upon his death.
The applicant had submitted a representation dated 21/03/2022 seeking payment of settlement, dues of her husband late Ramen Ghosh. She was informed by the Chief Works manager, Eastern Railway, Kanchrapara, vide his letter dated 14.09.2022 that all settlement dues of late Ramen Ghosh will be kept pending till the conclusion of the criminal case against the applicant . Thereafter, she had made several representations to the concerned authority dated 23/05/202, 30/09/2023, 03/10/2023, 03/10/2023 seeking payment of settlement dues of late Ramen Ghosh. She was informed by the Chief Works Manager, Eastern Railway, Kanchrapara, vide his letter dated 19.10.2023 that payment of settlement dues in respect of Late Raman Ghosh cannot be made to her until the conclusion of the criminal case against her. She was, however, informed by the said letter that as per the extant rules and guidelines of the Railway Board's family pension can be made in favour of the minor child of Late Ramen Ghosh through a guardian duly appointed by the competent Court of law.
Digitally signed by DhanuRam Hansda
DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= DhanuRam 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8 dad5b6505515, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89 Hansda b777a0a70d71, CN=DhanuRam Hansda Reason: I am the author of this document Location:
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5 o.a. 350.00819.2024 Since the applicant is aggrieved with the non-payment of settlement dues, in respect of her husband, Ramen Ghosh, she has filed the instant Original Application seeking the above mentioned relief(s).
4. Heard the Ld. Counsel for both the sides and considered the material on record.
5. At hearing, Ld. Counsel for the applicant submitted that the applicant was served with a charge sheet dated 31.03.2023 whereby she has been charged under section 341/323/352/504 of the Indian Penal Code. He further submitted that none of these offences pertain to the offence of commitment of murder or abetment of murder. He further submitted that Sub-Rule 14 of Rule 50 of the Central Civil Services (Pension) Rules, 2021 provides that if a person who is eligible to receive family pension on the death of a government servant or a pensioner is charged with offence of murdering, the government servant/pensioner or for abetting in the commission of such an offence, the payment of family pension remains suspended till conclusion of criminal proceedings instituted in this regard. He further submitted that since the applicant was not charged with the offence of murdering her late husband, or for abetting in the commission of Digitally signed by DhanuRam Hansda DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= DhanuRam 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8 dad5b6505515, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89 Hansda b777a0a70d71, CN=DhanuRam Hansda Reason: I am the author of this document Location:
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6 o.a. 350.00819.2024 such an offence, the competent respondent Authority cannot deny the payment of family pension to the applicant.
6. At hearing, Ld. Counsel for the respondents submitted that in terms of the CCS (Pension) Rules, and the RBE Circular No. 48/2021, family pension cannot be paid to the applicant since she is involved in a criminal case, which is still pending before the competent court of law.
7. Rule 50 (14) (c), (d), (e) & (f) of the CCS (Pension) Rules, 2021 is reproduced below:
"(c) If a person, who in the event of death of a Government servant while in service, is eligible to receive family pension under this rule, a charged with the offence of murdering the Government servant or for abetting in the commission of such an offence, the family pension shall not be paid to such a person till the conclusion of the criminal proceedings instituted against him.
(d) During the period the family pension is not paid to a person under Clause (c), the family pension shall be paid to other eligible member of the family, if any, from the date following the date of death of the Government servant:
Provided that if the spouse of the Government servant is charged in the with the offence of murdering the Government servant or for abetting in the commission of such an offence and the other member of the family eligible for family pension is a minor child of the deceased Government servant, the family pension to such minor child shall be payable through a duly appointed guardian, and the mother or father of the minor child shall not act as guardian for the purpose of drawal of family pension.
(e) If on the conclusion of the criminal proceedings referred to in Clause (c), the person concerned, -
(i) is convicted for the murder or abetting in the murder of the Government servant, such a person shall be debarred from receiving the family pension which shall be continued to be paid to other eligible member of the family, if any;Digitally signed by DhanuRam Hansda
DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= DhanuRam 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8 dad5b6505515, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89 Hansda b777a0a70d71, CN=DhanuRam Hansda Reason: I am the author of this document Location:
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(ii) is acquitted of the charge of murder or abetting in the murder of the Government servant, the family pension shall become payable to such a person from the date of such acquittal and the family pension to other member of the family shall be discontinued from that date:
Provided that if there was no other eligible member of the family or the family pension ceased to be payable to the other eligible member of the family before the date of acquittal of the person concerned, the family pension shall be payable to such a person from the date following the date of death of the Government servant or from the date on which family pension ceased to be payable to the other eligible member of the family, as the case may be.
(f) The provisions of Clause (c) to Clause (e) shall also apply for the family pension becoming payable on the death of a Government servant after his retirement.
EXPLANATION.- For the purpose of this sub-rule, the charge of murdering or abetting in the murder of Government servant will include the charge of abetting death by suicide."
8. An extract from RBE 48/2021 by which Government of India Department of Pension & Pensioner's Welfare OM dated 16.06.2021 has been enclosed for compliance and guidance by which it has been stated that it will apply mutatis mutandis on the Railways also, is reproduced below:
"3. It has, accordingly, been decided that in cases where a person eligible to receive family pension is charged with the offence of murdering the Government servant or abetting in the commission of such an offence and the payment of family pension to him/her remains suspended under Rule 54(11-C) of CCS (Pension) Rules, 1972, family pension may be allowed to other eligible members of the family till the conclusion of the criminal proceedings in this regard. If the spouse of the Government servant is charged with the offence of murdering the Government servant or for abetting in the commission of such an offence and the other eligible family member is a minor child of the deceased Government servant, the family pension to such minor child shall be payable through a duly Digitally signed by DhanuRam Hansda DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= DhanuRam 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8 dad5b6505515, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89 Hansda b777a0a70d71, CN=DhanuRam Hansda Reason: I am the author of this document Location:
Date: 2025.06.11 15:55:24+05'30' Foxit PDF Reader Version: 2024.3.0 8 o.a. 350.00819.2024 appointed guardian, and the mother or father of the minor child (who is charged with the offence) shall not act as guardian for the purpose of drawal of family pension.
4. If the concerned person is subsequently acquitted of the charge, the family pension shall become payable to that person from the date of such acquittal and the family pension to other member of the family shall be discontinued from that date."
9. The applicant has been charged under Section 341/323/352/504 IPC, vide chargesheet dated 31.03.2023 filed in the Court of Additional Chief Judicial Magistrate, Barrackpore, North, 24 Parganas (Annexure A-2). Section 341 of IPC pertains to punishment for wrongful restraint. Section 323 of IPC pertains to punishment for voluntarily causing hurt. Section 352 of IPC pertains to assault or use of criminal force otherwise than on grave and sudden provocation. Section 504 of IPC pertains to punishment for intentional insults provocation to any person intending or knowing it to be likely that such provocation will come to him to break public peace or commit any offence. None of these sections of IPC pertain to the offence of commitment of murder or abetment in the office of murder. Since the applicant has not been charged with the offence of murder or abetment in the commitment of the same, the competent respondent authority cannot refuse to grant family pension to the applicant merely on account of the reason that criminal proceedings under the above mentioned sections of IPC are pending against her in the competent Court of law. If the applicant Digitally signed by DhanuRam Hansda DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= DhanuRam 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8 dad5b6505515, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89 Hansda b777a0a70d71, CN=DhanuRam Hansda Reason: I am the author of this document Location:
Date: 2025.06.11 15:55:24+05'30' Foxit PDF Reader Version: 2024.3.0 9 o.a. 350.00819.2024 is otherwise eligible for receiving family pension in respect of Late Ramen Ghosh as per CCS (Pension) Rules, 2021, she cannot be denied the same merely on the ground that a criminal case is pending against her under the above mentioned sections of IPC.
10. In view of the above discussion, the competent respondent authority is directed to release family pension to the applicant from the date on which she became eligible in all respects to receive the same. The respondents are also directed to release other pensionary benefits to the person(s) nominated by the deceased employee during his lifetime in accordance with the extant rules. The above orders will be complied with by the competent respondent authority within one month of receipt of a certified copy of the same.
11. With the above directions, this Original Application is disposed of.
There will be no order as to costs.
(Anindo Majumdar) Administrative Member drh Digitally signed by DhanuRam Hansda DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= DhanuRam 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8 dad5b6505515, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89 Hansda b777a0a70d71, CN=DhanuRam Hansda Reason: I am the author of this document Location:
Date: 2025.06.11 15:55:24+05'30' Foxit PDF Reader Version: 2024.3.0