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Showing contexts for: missing while pension in S K Fareed Begum vs Dept Of Posts on 18 June, 2019Matching Fragments
3 OA 020/499/2019
5. Heard both the counsel and perused the documents placed on record.
6. I) The case is fully covered by the judgment of the Hon‟ble High Court of A.P in Writ Petition No.34859 of 2016 dated 30.1.2017 involving Govt. of India, Ministry of Finance Vs. Polimetla Mary Sarojini and Anr, wherein the employee went missing and thus was obviously absent from duty. By the time the wife of the missing employee could complete the formalities of reporting to police etc to claim family pension, the employer therein has removed the employee from service for unauthorised absence. On the ground of removal from service, family pension was denied. The present OA is a doppelganger of the case dealt by the Hon‟ble High Court in the cited writ petition, as the applicant‟s husband is missing and before she could approach the respondents, they have removed the ex-employee from service on grounds of unauthorised absence. The Hon‟ble High Court of A.P. relying on the Circular bearing the No.4-52/86-Pen., dated 3.3.1989 of the Dept. of Pension and Pensioners‟ Welfare (DOP & PW) has held as under:
III) Moreover, coming to rules, Paras 4,5 & 6 of the memo dated 24.6.2013 of the Dept. of pension and Pensioners Welfare which deals with grant of family pension to the family member of a missing employee, issued in furtherance of the memo dtd. 3.3.1989 referred to by the Hon‟ble High Court of A.P in writ petition cited, extracted here under, makes it explicit that the applicant is eligible for family pension provided certain conditions are complied with :
"4. In the case of a missing employee/pensioner/family pensioner, the family can apply for the grant of family pension, amount of salary due, leave encashment due and the amount of GPF and gratuity (whatever has not already been received)to the Head of office of the organisation where the employee/pensioner had last served, six months after lodging of Police report. The family pension and/or retirement gratuity may be sanctioned by the. Administrative Ministry/Department after observing the following formalities:-
5. In the case of a missing employee, the family pension, at the ordinary or enhanced rate, as applicable, will accrue from the expiry of leave or the date up to which pay and allowances have been paid or the date of the police report, whichever is later. In the case of a missing pensioner/family 'pensioner, it will accrue from the date of the police report or from the date immediately succeeding the date till which pension/family pension had been paid, whichever is later.