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2014 DIGILAW 4522 (MAD)

Radha Bai v. State of Tamil Nadu

2014-12-03

D.HARIPARANTHAMAN

body2014
ORDER : Heard both sides. 2. The first petitioner is the wife of a Government servant, who joined service as Office Assistant on 25.11.1987 and died on 13.06.1988 i.e., within a period of one year of service. The second petitioner is the daughter of the deceased Government servant born through the first petitioner. At the time of death of the Government servant, the second petitioner was a minor. 3. Since there was a rival claim, the petitioners were directed to obtain succession certificate from the competent authority. Accordingly, the petitioners filed O.S.No.4070 of 1991 before the VII Assistant City Civil Court, Chennai, showing the rival claimants as the defendants. The Civil Court declared that the petitioners are the legal heirs of the deceased Government Servant in the judgment and decree dated 29.03.1995. 4. Even thereafter, the petitioners were not paid DCRG. Hence, the petitioners filed this Original Application seeking for a direction to the respondents to settle the death cum retirement benefits and to pass any appropriate order. 5. A reply affidavit is filed by the first respondent stating that as per rule 45(3)(a) and (b) of the Tamil Nadu Pension Rules 1978, the Death cum Retirement Gratuity of two months pay has to be paid for a person who has rendered less than one year of service and died. It is not clear as to whether the said DCRG was paid. 6. However, in the reply affidavit, there is no whisper about the family pension payable to the widow of the Government servant, if the Government servant dies within a period of one year. 7. At this juncture, the learned counsel for the second respondent has brought to my notice the proviso to rule 49(2) of the Tamil Nadu Pension Rules, 1978, relating to family pension payable on the death of the Government servant. The said proviso makes it clear that even if the Government servant rendered less than one year of service, the widow is entitled to family pension. 8. It is useful to extract rule 49(2) of the Tamil Nadu Pension Rules, 1978 and the proviso thereto, as follows: 49. The said proviso makes it clear that even if the Government servant rendered less than one year of service, the widow is entitled to family pension. 8. It is useful to extract rule 49(2) of the Tamil Nadu Pension Rules, 1978 and the proviso thereto, as follows: 49. (2)without prejudice to the provisions contained in sub-rule (3) where a Government servant dies, - [(a)after completion of not less than one year continuous service or at any time during his service;] (b)after retirement from service and was in receipt of pension on the date of death, the family of the deceased shall be entitled to a family pension (hereinafter in this rule referred to as family pension), the amount of which shall be determined as follows: 1 Below Rs.200 30 per cent of pay Minimum of Rs.50 2 Rs.2000 and above but below Rs.800 15 per cent of pay Minimum of Rs.60 3 Rs.800 and above 12 per cent of pay Maximum of Rs.300, and Minimum of Rs.150 Provided that family pension shall be payable to the family of a Government servant who dies before the completion of one year continuous service, if he was declared fit for Government service by the appropriate medical authority prescribed under the relevant rules immediately prior to his appointment. 9. Since the rule provides for family pension even if the Government servant died before completion of one year service, the first respondent is directed to send necessary proposal for family pension as well as for DCRG to the second respondent, within a period of four weeks from the date of receipt of a copy of this order, since the Government servant died long back in 1988. The first respondent is also directed to pay interest on the belated settlement of pension at the rate of 10% as held by a Division Bench of this Court in GOVERNMENT OF TAMIL NADU, REPRESENTED BY THE SECRETARY TO GOVERNMENT VS. M.DEIVASIGAMANI [ 2009 (3) MLJ 1 ], following the judgment of the Honourable Supreme Court in S.K.DUA VS. STATE OF HARYANA [ 2008 (3) SCC 44 ]. If the DCRG is not paid so far, the same shall also be paid with interest as per the Tamil Nadu Pension Rules. M.DEIVASIGAMANI [ 2009 (3) MLJ 1 ], following the judgment of the Honourable Supreme Court in S.K.DUA VS. STATE OF HARYANA [ 2008 (3) SCC 44 ]. If the DCRG is not paid so far, the same shall also be paid with interest as per the Tamil Nadu Pension Rules. On receipt of such proposal from the first respondent, the second respondent is directed to authorise the same, so that there cannot be any further delay in payment of family pension to the petitioner, who is a widow agitating for family pension for the death of her husband in 1988. 10. The writ petition is disposed of in the above terms. No costs.