Mridul Thakur v. Pallvi Thakur (minor aged 13 years) through her mother
2012-07-09
V.K.SHARMA
body2012
DigiLaw.ai
JUDGMENT V.K. Sharma, Judge (Oral) The petition has been filed on the following substantive prayers:“1. To direct respondents 1&2 to pay directly the one-third share to the first petitioner in the service benefits of his late father Shri Chet Ram Thakur and the one-third share of the second petitioner through her mother and natural guardian Smt. Neelam Thakur after making adjustment of Rs. 50,000/- already paid to respondent No.3 in respect of the EWF amount.2.To direct respondents 1 & 2 to sanction family pension to the first petitioner and thereafter to the second petitioner as per the provision of relevant Family Pension Rules.3. To direct payment of interest @ 12% per annum on the aforesaid dues.” 2.Admittedly, the petitioners are children and respondent No.3 mother of late Shri Chet Ram Thakur, the deceased employee, who was in the employment of respondent No. 1-University as Senior Assistant and had died in harness on 22.11.2011. It is also admitted that the marriage between the deceased and his wife, Smt. Neelam Thakur, had been dissolved by a decree of divorce dated 15.7.2011, Annexure R-1. After the divorce, the deceased had substituted respondent No.3 as his nominee in the service record in place of his wife. 3.Against the foregoing background, the petitioners have filed the present petition for grant of the above reliefs. 4.It is by now fairly settled by a catena of authoritative pronouncements of the Hon’ble Supreme Court that a nominee is entitled to receive the benefits, but the same would be for and on behalf of the legal representatives of the deceased. 5.In the present case except the amount of employees welfare fund (EWF) to the tune of Rs. 50,000/- (fifty thousand), which respondent No.3 has already received from respondents No.1 and 2 as nominee of the deceased, the remaining amount of service benefits, such as death-cumretirement gratuity (DCRG), ex-gratia, leave encashment, insurance and general provident fund (GPF) etc. are yet to be disbursed by respondents No.1 and 2.
50,000/- (fifty thousand), which respondent No.3 has already received from respondents No.1 and 2 as nominee of the deceased, the remaining amount of service benefits, such as death-cumretirement gratuity (DCRG), ex-gratia, leave encashment, insurance and general provident fund (GPF) etc. are yet to be disbursed by respondents No.1 and 2. 6.In view of the settled legal position as above, the petition is disposed of with a direction to respondents No.1 and 2 to pay the remaining amount of service benefits in respect of the deceased to the petitioners and respondent No.3 being his legal representatives, in equal shares, that is, 1/3rd each within 30 days from the date of production of copy of this judgment by the petitioners before the Registrar of respondent No. 1-University. As petitioner No.2, Ms. Pallvi Thakur, is minor, the amount payable to her shall be received by her mother-cum-natural guardian, Smt. Neelam Thakur, who shall invest the same in a fixed deposit in the name of the minor till she attains the age of majority. The deposit may be made for such initial period that may earn maximum interest thereon and shall be renewed thereafter from time to time till the minor attains majority. The deposited amount shall neither be withdrawn nor any charge created thereupon during the aforesaid period except with prior permission of this court and that too in case of extreme exigency. 7.The matter with regard to grant of family pension shall be dealt with by respondents No.1 and 2 in accordance with Rule 54 of the Central Civil Services (Pension) Rules, 1972. 8.In view of agreement between the petitioners and respondent No.3 as emerges out at the bar, in addition to her share in the service benefits in respect of the deceased, respondent No.3 shall also be entitled to the entire amount of EWF of Rs. 50,000/- (fifty thousand), as above and the petitioners shall not claim any share in the said sum of Rs. 50,000/- (fifty thousand). 9.The petition, as also pending CMP No. 1595 of 2012 stand disposed of, in the above terms.