Sunita Devi vs State of H.P. and Others

Surinder Singh, J.—In the present petition, the petitioner seeks direction to the respondents to grant family pension and gratuity to her, as per "Himachal Pradesh Privately Managed Recognized Government Aided and other Private Recognized Employees Self Contributory Pension and Gratuity Scheme".

The facts in brief giving rise to the present petition can be stated thus. Shri Kishori Lal, the husband of the petitioner was appointed as Shastri (OT teacher) on 1.9.1995 in respondent No.5- a privately managed recognized Government aided School.

Consequent upon the judgment passed in Shanno Devi v. State of H.P. & Others [CWP No.493 of 2002] decided on 18.7.2007 by this Court, the respondents formulated the Scheme (Annexure P-2) governing the pension and gratuity of the teachers in Government and private aided Schools. The husband of the petitioner after putting up 13 years of service died of cancer on 31.8.2008 while in service, whereas, the Scheme aforesaid had already come into force w.e.f. 9.5.2008 on publication in the Rajpatra Himachal Pradesh (Extraordinary).

The aforesaid Scheme provides that an employee holding regular post in such School, may opt out of this Scheme, within a period of three months, failing which he/ she shall be deemed to have opted for the scheme and the option once exercised shall be final. Thus, the husband of the petitioner automatically became its member as he was in service at that time and did not opt out from the scheme. Thus, by virtue of Clause-5, he could have not been withdrawn from the Scheme while he is still an employee of the management. The contribution of the existing employees is required to be deducted by the School authorities as per Clause-6 from their salary every month. Once the employee is its member, he is eligible to draw pension on normal retirement/ on retirement before normal retirement date/ on retirement after normal retirement/ on leaving the service and also on death. The amount of such pension depends upon the amount of contribution and period of contribution.

The said Scheme also provides for the benefits on the death of the member while in the service of the school, as per Clause-15 of the Scheme. Further, the Management i.e. respondent No.5 under the Scheme is required to intimate the Life Insurance Corporation, in writing the pension opted by the Beneficiary within 90 days after the death of the Member. The pension is payable monthly or otherwise as desired by the Beneficiary reckoning from the date of death.

In the case in hand, fifth respondent in response to the letter of Life Insurance Corporation sent the requisite information of its employees on 27.8.2008, which also includes the service details of Kishori Lal, husband of the petitioner, but unfortunately, he died four days thereafter i.e. on 31.8.2008. Since the Scheme aforesaid was automatically applicable to the husband of the petitioner and he had become its member on the date of its publication and did not opt out of the Scheme, the deduction of the contribution was to be made from his salary by the fifth respondent, for the month of August to be paid in September, 2008.

Thus, in view of the above peculiar circumstances, respondents are hereby directed to consider the case of the petitioner sympathetically and fifth respondent shall recommend the case of the petitioner for family pension to the Life Insurance Corporation, as per the Scheme within a period of one month on the receipt of the premium/ contribution by the petitioner.

With these directions, the petition stands disposed of, so also the pending application(s), if any.