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2022 DIGILAW 1283 (BOM)

Bhaurau R. Dessai (dec) v. Union Of India

2022-05-04

M.S.SONAK, R.N.LADDHA

body2022
JUDGMENT 1. Heard Mr. Diniz, learned Senior advocate for the petitioners. 2. Mr. anil Singh learned additional Solicitor General of India appears on behalf of respondent Nos. 1 to 5 and Mr. D. Pangam, learned advocate General appears for respondent Nos. 6 to 8. 3. The petitioner had instituted this petition seeking pensionary benefits. However, the petitioner expired before the receipt of such benefits, and this petition is now pursued by his legal representatives. 4. From time to time, we had made the orders and ultimately, at the intervention of the learned additional Solicitor General of India and the learned advocate General for the State of Goa, we are happy to record that by order dated 29.04.2022, the office of the Principal Controller of Defence accounts (Pensions) has accorded sanction for waiving the delay in claiming the arrears of pension and pensionary benefits are now directed to be paid to the legal representatives of the deceased petitioner. 5. The communication dated 29.04.2022 is taken on record and marked as 'X' for the purposes of identification. We have been assured by the learned additional Solicitor General of India and the learned advocate General that the pensionary benefits will indeed be released expeditiously. 6. Mr. Diniz however pointed out that one of the conditions in the communication dated 29.04.2022 refers to the production of a legal heir certificate issued from the Hon'ble Court on judicial paper. Mr. Diniz points out that in terms of Defence Pension Payment Instructions (Defence PPI), 2013, the payment of pension/gratuity in respect of a deceased pensioner is governed by 115.1. He refers to sub- clauses (i), (ii), and (iii) of clause 115.1 which read as under:- '115.1 Subject to the provisions of Paras 115.2 and 115.3 below, arrears of pension or gratuity due to the estate of a deceased pensioner, shall be paid as under: (i) To the nominee, if a Nomination as per Para 114 has been made. (ii) In case no Nomination was made or the nomination does not subsist, as per the 'Will', if such a 'Will' has been made by the deceased. (iii) failing (i) and (ii) above, under the orders of the Pension Disbursing authority to the heir without production of usual legal authority if the gross amount of arrears of pension claim does not exceed Rs.10,000.00 provided he is otherwise satisfied about the right of the claimant. (iii) failing (i) and (ii) above, under the orders of the Pension Disbursing authority to the heir without production of usual legal authority if the gross amount of arrears of pension claim does not exceed Rs.10,000.00 provided he is otherwise satisfied about the right of the claimant. If the gross amount of arrears of pension claim exceeds Rs.10,000.00, under the orders of the Principal Controller of Defence accounts (Pensions), on execution of an Indemnity Bond in Form IaFa-642 duly stamped for the gross amount due for payment, with such sureties as may be deemed necessary. Note-1 The term 'gratuity' in this para does not include Retirement or Death gratuity for which see Para 117. Note-2 There should be two sureties both of known financial ability. The obliger as well as the sureties executing the Indemnity Bond should have attained majority so that the Bond may have legal effect or force. The Bond is also required to be accepted on behalf of the President by an officer duly authorised under article 299 (1) of the Constitution.' 7. Mr. Diniz submits that in terms of sub-clause (iii) above, the legal representatives are required to furnish an Indemnity Bond in the prescribed form which he states that he has already furnished. Learned advocate General also submits that such a Bond was furnished to the State Government and the same has been forwarded to the Central Government. 8. Learned advocate General points out that the condition in clause (3)(b) of the communication dated 29.04.2022 will have to be complied with by the petitioner. Mr. Diniz points out that there is possibly an error because the condition requires the petitioner to produce a certificate that the pensioner "was" involved in the criminal offence. This is obviously an error because the same should be read as the production of a certificate that the pensioner was not involved in the criminal offence. 9. Mr. Diniz submits that such a certificate will be produced at the earliest. We are sure that the nearest Police Station i.e. Fatorda Police Station will upon verification of the parties, issue such certificate at the earliest i.e. within a maximum period of one week from the date the petitioners apply for the same. 10. 9. Mr. Diniz submits that such a certificate will be produced at the earliest. We are sure that the nearest Police Station i.e. Fatorda Police Station will upon verification of the parties, issue such certificate at the earliest i.e. within a maximum period of one week from the date the petitioners apply for the same. 10. Now that the Indemnity Bond has been furnished, we think that the pensionary benefits in terms of the above communication dated 29.04.2022 should be released expeditiously without insisting upon a legal heir certificate issued by the Court on judicial paper. This order is made in the peculiar facts of the present case because on oath it has been stated in the petition that apart from the legal representatives brought on record before this Court there are no other legal representatives left behind by late Bhaurau R. Dessai. Besides, the Indemnity Bond is already furnished. 11. We, therefore, dispose of this petition by directing the respondents to actually release the pensionary benefits/arrears within 15 days from the date the petitioners comply with the requirements under clause (3)(b) of the communication dated 29.04.2022. 12. We record our appreciation for the proactive stance taken by the learned additional Solicitor General of India and the learned advocate General for the State of Goa in sorting out this matter. 13. This petition is disposed of in the aforesaid terms without any order for costs.