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Madhya Pradesh High Court · body

2002 DIGILAW 53 (MP)

Balmiki Kachhi v. Municipal Corporation, Jabalpur

2002-01-11

ARUN MISHRA

body2002
Judgment ( 1. ) THE dispute in the writ petition pertains to the payment of commuted pension; interest on retiral dues and payment of revised pension with effect from 1-1-1996. ( 2. ) MOTHER of the petitioner, namely, Duyajee Bai was in the service of Municipal Corporation, Jabalpur; she served as a Gardner; she retired on 30th June, 97 and died on 16th July, 1998, Immediately on her retirement, she applied for commutation of pension to the extent of 1/10th which amounted to approximately about Rs. 20,000/ -. She applied for commutation of pension immediately after retirement and also submitted his grievance as per Annexure P-2 on 31-1-98. Petitioner claims himself to be the sole nominee to receive the commuted value and other retiral dues. Petitioner filed representation; gratuity amount of Rs. 3,218/- was received in the month of September/october, 1999; whereas it should have been paid in July, 1997. Petitioner claims interest on the belated payment of gratuity; the payment of commuted value of l/10th pension and payment of arrears of salary for the period 1-1-96 to 30th June, 97 due on account of revised pay scale made effective from 1-1-19%; and payment of arrears of revised pension and interest at the rate of 18% per annum. ( 3. ) THE respondents state that since the deceased/employee died before the commuted value could be paid to her, hence petitioner being nominee is not entitled to claim the commuted value as no authority letter was issued before the death of the employee. It is not controverted in the writ petition that the deceased employee was entitled to the revised pay scale with effect from 1-1-96 till her death. With respect to arrears of pension, it is submitted that no pensioner has been extended the said benefit; the matter is under consideration before the competent authority; and since the amount involved is huge, no decision has been taken till date. It is, however, submitted that as soon as the decision for release of arrears is taken, the same shall be paid to the petitioner without any delay. It has not been disputed that the deceased was entitled for the revised pension. After hearing learned counsel for the parties, I am of the opinion that writ petition deserves to be allowed in part. ( 4. It has not been disputed that the deceased was entitled for the revised pension. After hearing learned counsel for the parties, I am of the opinion that writ petition deserves to be allowed in part. ( 4. ) WITH respect to commuted value of the pension, it is not in dispute that M. P. Civil Services (Commutation of Pension) Rules, 1996 are applicable. It is also not in dispute that petitioner was nominated by the deceased-employee. As per Rule 7 of the Commutation of Pension Rules, 1996 if an applicant files an application for commutation in form and has nominated a person to receive the commuted value and died without receiving the commuted value, the amount of the commuted value if had attained finality has to be paid to one of the member of the family as per Sub-rule (5) of Rule 44 of Pension Rules, 1996. Rule 6 provides when commutation of pension becomes final. In cases falling under Sub-rule (1) of Rule 11, the commutation becomes final on the date when the application is submitted under prescribed proforma by the Head of the Department. Sub-rule (1) of Rule 11 provides that the applicant who is in receipt of any pension and desires to commute a fraction of his pension at any time after the date following the date of his retirement from service but before the age of 70 years or 15 years from the date of retirement whichever is earlier, shall apply to the Head of Office in Form a. It is not in dispute that deceased had filed an application as required under Sub-rule (1) of Rule 11 and as per Rule 6. It can be said that commutation of pension in the case of applicant who is retired and is below 70 years and has not completed 15 years from the date of retirement, the commutation of pension becomes final on the date of submission of application. ( 5. ) THUS, under Rule 7, the petitioner cannot be denied the benefit of commuted value of pension because commuted value of pension attained finality when application was submitted to the competent authority in Form a. Simply on the ground that the employee died before obtaining the commuted value is not going to come in way of the nominee. ( 5. ) THUS, under Rule 7, the petitioner cannot be denied the benefit of commuted value of pension because commuted value of pension attained finality when application was submitted to the competent authority in Form a. Simply on the ground that the employee died before obtaining the commuted value is not going to come in way of the nominee. In the instant case, petitioner being the son and member of family as specified in Rule 44 of the Pension Rules is held entitled to the commuted value of pension. ( 6. ) WITH respect to arrears of salary payable to petitioner with effect from 1-1-19%; since nothing has been said in the return dis-entitling the petitioner to claim the same, the petitioner is held entitled to it as the respondents have not been able to show any cause and petitioner is granted relief on the basis of non-traverse. ( 7. ) AS to the revised pension, the stand taken in para 6 of the return is that decision has to be taken by the body concerned as the amount is more; however, it is not contended that deceased was not entitled to the revised pension; it is directed to be paid to the petitioner. Hence the respondents are directed to make the payment of revised pension as may be admissible under the Rules. ( 8. ) ON the belated payment of gratuity amount, an interest of 6% per annum is granted. The writ petition is allowed with the following directions:- (i) The respondents are directed to pay the commuted value of the pension to the petitioner within a period of two months from today; (ii) The respondents are directed to make the payment of revised salary which the deceased would have obtained with effect from 1-1-96 till the date of her superannuation; (iii) The respondents are directed to make payment of the revised pension which the deceased would have obtained till her death; and (iv) Interest on belated payment of gratuity is awarded at the rate of 6% per annum. Cost on parties.