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2007 DIGILAW 2045 (MAD)

Union of India, rep. by Chief Secretary & Others v. The Central Administrative Tribunal, rep. by its Registrar & Another

2007-07-05

FAKKIR MOHAMED IBRAHIM KALIFULLA, R.TAMILVANAN

body2007
Judgment :- F.M. Ibrahim Kalifulla, J. 1. This Writ Petition has been preferred against the order of the Central Administrative Tribunal dated 11. 2007 passed in O.A. No.407 of 2006. When we took up the Writ Petition for admission, learned counsel who appeared for the second respondent took notice on her behalf. 2. We heard the learned Government Pleader (Pondicherry) appearing for the petitioners. 3. The claim of the second respondent in the Original Application was that her late husband-P.C. Narayanan died in the year 1963 while he was in the services of the petitioners and that she was refused family pension and therefore, the petitioners should be directed to disburse the family pension to her. The stand of the petitioners before the Tribunal was that the second respondents husband died while in service without completing the required 20 years of qualifying service for family pension and therefore, the second respondent was not entitled to family pension. The date of death of the second respondents husband was 11. 1963. By that time, he had put in a service of 18 years, 8 months and 28 days. The stand of the petitioners that the second respondents husband did not complete 20 years of service was on the footing that as per the ex-French Rules, the eligibility of an employee for service pension was only on completion of 20 years of service. On and after 1. 1964, the payment of family pension was governed by Rule 54 of the Central Civil Services Pension Rules. To the said Rule, a Note came to be inserted by Notification No.2/18/87-P & P.W. (PIC), dated 20.7.1988 published as S.O. No.2388 in the Gazette of India, dated 8. 1988. The said Rule 54 along with the Note reads as under: "54. Family Pension, 1964.- .(1) The provisions of this Rule shall apply .(a) to a Government servant entering service in a pensionable establishment on or after the 1st January, 1964; and .(b) to a Government servant who was in service on the 31st December, 1963 and came to be governed by the provisions of the Family Pension Scheme for Central Government Employees, 1964, contained in the Ministry of Finance, Office Memorandum No.9(16)-E, V (A)/63, dated the 31st December, 1963, as in force immediately before the commencement of these rules. [Note:- The provisions of this Rule will also extend, from 22nd September, 1977, to Government servants on pensionable establishments who retire/died before 312. 1963, as also to those who were alive on 312. 1963, but had opted out of 1964 Scheme]. 4. By virtue of the Note appended to Rule 54, the eligibility for family pension, accrued to the second respondent due to the death of her husband who was in the services of the petitioners and who died on 11. 1963. 5. One other stand taken by the petitioners before the Tribunal was that the claim was belated in point of time. As far as the said contention was concerned, the Tribunal rightly rejected the same by holding that entitlement of pension being a continuing cause of action, there can be no specific bar for claiming the family pension based on any time limit. 6. In the above stated circumstances, the ultimate order of the Tribunal in setting aside the impugned proceedings of the petitioners dated 20.7.2000 and directing the petitioners to calculate the family pension as per Rule 54 of Central Civil Services Pension Rules and pay the same to the second respondent with interest at the rate of 9% per annum from the date on which the family pension fell due is perfectly justified. Therefore, we do not find any merit in this Writ Petition. We also do not find any formidable objection for the petitioners to comply with the directions of the Tribunal as has been directed in the impugned order. Therefore, even while dismissing this Writ Petition, we direct the petitioners to comply with the order of the Tribunal within one month from this date and subject to the petitioners complying with the order of the Tribunal within the time stipulated in this order, the cost of Rs.2,000/- imposed on the petitioners shall stand deleted. If the petitioners fail to comply with the order of the Tribunal within the said time limit, the order for payment of cost will automatically stand revived. Consequently, connected Miscellaneous Petition is closed.