Vaghela Chandu Hiralal vs Union of India and Others

Vijay Manohar Sahai, J.—Heard Mr. Hasit H. Joshi, Ld. Counsel for the petitioners and Mr. Hriday Buch, Ld. Counsel for the respondents. On the joint request of Ld. Counsel for the parties and with their consent, we have taken up the petition itself for final disposal. The original petitioner Chandu Hiralal Vaghela was appointed as Safaiwala in the office of respondent no. 3. He tendered voluntary resignation on 23/9/1991 as he remained sick and due to ill-health, he resigned. After 16 years, in the year 2007, the petitioner made representation to the respondent no. 3 claiming pension and gratuity. Though the Safaiwala Chandu Hiralkal Vaghela has died, his heirs are pursuing this writ petition.

According to the affidavit-in-reply filed by the respondents, pension is payable after 20 years of service and since the petitioner did not complete 20 years'' qualifying service, he was not entitled for pensionary benefits under rule 49 of the Central Civil Services [Pension] Rules, 1972. In the affidavit in-reply, it has not been clearly stated as to whether the petitioner was entitled for gratuity and group insurance amount. Though this Court in Special Civil Application No. 19170/2006 by order dated 15/9/2006 has directed the respondents to decide the representation of the petitioner, which was made by the petitioner on 9/2/2007, wherein no specific claim was made with regard to gratuity was made and claimed that he may be granted retiral benefits whatsoever. However, in case the petitioner is entitled for gratuity and group insurance amount and the same is not yet paid to the petitioner and if he is found to be entitled for the same according to rules, then his claim is liable to be considered by the respondents.

So far as claim of pension is concerned, it is not admissible to the petitioner. It is relevant to point out here that on 21/1/2002 the petitioner had demanded the group insurance amount. In view of the above, this petition is disposed of with direction that the claim of the deceased employee with regard to payment of gratuity and group insurance amount be considered by the respondent no. 3 within a period of 3 [three] months from today and if it is found to be payable, then it shall be paid to the heirs of the deceased employee proportionately.

We make it clear that we have not held that the petitioner is entitled for gratuity or group insurance amount and the claim may be examined by the authorities in accordance with law.

The petition stands disposed of accordingly.