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Judgment
O R D E R
The present O.A has been filed by the applicants under section 19 of the Administrative Tribunal Act, 1985 seeking the following reliefs:-
i)Kindly may pleased to issue a writ order or direction in the nature of mandamus commanding the respondent No.2 to pay the dues which is payable to the husband of the applicant to her being the dependent on him from the period 13.09.2015 to 24.1.2019 and also direct him to consider the claim of the applicant for calculation of the aforesaid period for the payment of retiral/post service dues of the husband of the applicant in favour of her.
ii) Issue any other suitable order or direction which the Hon’ble Tribunal may deem fit and proper under the facts and circumstances of the case.
iii) Award the costs of the application in favour of the applicant”.
The facts, in brief, are that husband of the applicant was appointed on the post of Technician Grade II in the Purvottar Railway. On 13.09.2015, the husband of the applicant went on duty but he did not return to his house even after the extensive search, when his whereabouts could not be traced, the applicant has informed the respondent No. 3 on 14.10.2015. Thereafter applicant also informed the local police and duly informed the missing of her husband but the police instead of lodging the First Information Report proceeded to record it as a missing report in General Diary entry on 23.10.2015. Meanwhile, the applicant approached before the authority for the release of family pension but they have not taken any heed on the applicant's request. In the year 2017 again the applicant represented the respondents for release of terminal dues of her husband and grant of family pension. Thereafter applicant again moved an application on 14.08.2018 raising the claim for payment of service dues and family pension. The applicant was informed to get the First Information Report registered in the police station and submit its copy. Thus, on the request of the applicant, Police Station Sikarganj District Gorakhpur registered the First Information Report dated 24.01.2019. Thereafter police has investigated the matter and submitted its final report on 15.09.2020. Applicant again submitted application dated 29.10.2019 before the respondents’ authority and requested to release the terminal benefits/family pension of the husband of the applicant. Thereafter respondent No.2 proceeded to pay certain post-service dues to the applicant on 26.2.2021 but he did not pay the amount payable during the period 13.9.2015. In this case, applicant is claiming her husband terminal benefit/family pension from 13.9.2015.
I have heard Shri A.K. Singh authority holder of learned counsel for the and learned counsel appearing for the respondents and parties and perused the records.
Submission of the learned counsel for the applicant is that husband of the applicant was missing since 13.09.2015 who was working in the respondents’ department on the post of Technician Grade II in Purvottar Railway. It was next argued that after missing the husband of the applicant, an information was given at police station concerned which was entered into the General Diary dated 23.10.2015 at Diary No. 20. Copy of which is annexed as Annexure A-2. It was further argued that another application was moved to the CO Circle and on that application an order was passed to register the FIR under section 154 Cr. P.C. On the basis of aforesaid order, FIR at Crime No. 17 of 2019 was registered under section 365 I.P.C at police station concerned. Copy of which is annexed as Annexure A-5. It was next argued that applicant’s husband is not traceable till today. Respondents have issued family pension from 24.1.2019. Referring to the aforesaid fact, learned counsel also argued that as per office memorandum issued by the Ministry of Personnel, P.G. & Pension Department of Pension & Pensioners’ Welfare dated 24.06.2013, family pension shall be paid to the dependent of missing employee from the date when missing report was lodged. To substantiate this argument, learned counsel for the applicant referred to paragraph No. 5 of the aforesaid memorandum and further argued that OA be allowed and respondents be directed to pay the arrears of family pension.
Learned counsel for the respondent referring to paragraph Nos. 2 and 3 of the counter affidavit argued that the family pension shall be issued when First Information Report has been lodged. There is no illegality, infirmity or perversity in the PPO issued for family pension in favour of the applicant. Learned counsel for the respondents referring to Annexure No.2 also argued that First Information Report was lodged in this matter on 24.1.2019, therefore, respondents has rightly allowed the family pension from the date when the First Information Report was lodged.
I have considered the rival submissions advanced by the learned counsel for the parties and perused the records.
Before proceeding to discuss the submissions raised across the bar and analyzing the same in the light of the facts and circumstances of the case, I find it expedient to quote the relevant paras of the office memorandum No. F. No. 1/17/2011-P&PW (E) dated 24.6.2013 relied upon by the learned counsel for the applicant:-
“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:-
(i)The family must lodge a report with the concerned Police Station and obtain a report from the Police, that the employee/ pensioner/ family pensioner has not been traced despite all efforts made by them. The report may be a First Information Report or any other report such as a Daily Diary/General Diary Entry.
(ii)An Indemnity Bond should be taken from the nominee/dependants of the employee/pensioner/family pensioner that all payments will be adjusted against the payments due to the employee/pensioner/family pensioner in case she/he appears on the scene and makes any claim.
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”.
In the present case, as per the DOP&T Office memorandum No. F. No. 1/17/2011-P&PW (E) dated 24.6.2013, it has been directed that in case of missing employee, dependent of employee and must lodge a report with the concerned Police Station and obtain a report from the Police that every efforts have been made for searching the missing employee and despite all efforts he could not be traced out. It has also been clarified in the aforesaid OM that the report may be a First Information Report or any other report such as a Daily Diary/General Diary Entry. It has further been clarified from the aforesaid OM that only that report which was filed at-first will be considered for granting the benefit. The applicant has lodged report with the police station which was entered in General Diary and obtained a final report that the employee has not been traced out after all efforts made by the police. Before lodging the First Information Report, an entry was made in the General Diary, thus, to release the terminal benefits/family pension to the applicant, respondents must have taken into consideration the G.D. entry itself. It is also relevant to mention here that applicant has been granted family pension from the date of lodging of First Information Report i.e. 24.1.2019, which does not lays the correct position of law.
Thus, considering the facts and circumstances of the case and in the light of DOP&T Office Memorandum No. F. No. 1/17/2011-P&PW (E) dated 24.6.2013, I am of the opinion that the O.A. deserves to be allowed and applicant is entitled for terminal benefits/family pension from the date of entry made in the General Diary i.e. dated 13.09.2015 and respondents may be directed to release the arrear of family pension for the period of 13.9.2015 to 24.1.2019 to the applicant.
Accordingly, O.A. is allowed. Respondents are directed to grant the terminal benefits/family pension of the Govt. servant from the period of 13.9.2015 to 24.1.2019 to the applicant. This exercise shall be completed within three months from the date of receipt of certified copy of this order. No order as to costs. All associated MAs are disposed of.