Family pension and gratuity to wife of person who is missing for seven years
Mrs. Ansari drew our attention to Maharashtra Civil Services (Pension) Rules, 1982. Rule 62 defines different classes of pensions and Sub-rule (7) is regarding family pension and Sub-rule (8) is regarding extraordinary family pension. As per Sub-rule (8) extraordinary family pension is one which is granted to the family of deceased Government servant under rules in Appendix IV. As per the Appendix IV, paragraph 2, family of a Government servant who is killed or who dies of injuries received or disease contracted in the circumstances described in Rules 89 and 90, if the deceased Government servant had not opted for the Family Pension, 1964, is entitled to such extraordinary family pension. In other words, as per the Rules existing earlier, a Government servant must have been killed or he must have died of injuries received or he must have died of disease contracted in the circumstances described in Rules 89 and 90. However, Mrs. Ansari brought to our notice Government Resolution No. PEN-1089/491/SER-4, issued by Finance Department on 5th July, 1991. The headline of the Government Resolution it self shows that by said Government Resolution of grant of family pension and gratuity was provided to the families of Government servants/pensioners who disappear suddenly and whose whereabouts are not known. Said Government Resolution is squarely applicable to the present case in hand and it is clear that the family pension and gratuity will have to be awarded to the present petitioner and, therefore, we are of the opinion that the petitioner must succeed as she is entitled to family pension and gratuity as laid down in the said Government Resolution Accordingly we allow this petition and direct that the respondents shall pay the petitioner family pension and gratuity and all other legally permissible retiral benefits in view of the above quoted Government Resolution of 5th July, 1991. We further direct that the order of payment of family pension and gratuity be passed within four months from this order and in case of failure, the petitioner would be entitled to interest at the rate of 7.5% per annum thereafter till actual payment. Rule is made absolute on the above terms. No order as to costs.
Citation: 2007(5)ALLMR781, 2007(6)BomCR853 2007(3)MHLJ478 Bom
Service - Pension - Order passed by Tribunal directing that the husband of Petitioner P was presumed to be dead as he had been missing for more than seven years, as per Sections 107 and 108 of the Evidence Act and the Departmental Inquiry held against husband of Petitioner - Writ petition filed against the order - Held, it was clear that the family pension and gratuity would have to be awarded to the present Petitioner and, therefore, Petitioner must succeed as she was entitled to family pension and gratuity as laid down in the said Government Resolution - Writ petition allowed.
Bombay High Court
Pramila Pandit Sagat vs State Of Maharashtra And Ors. on 12 February, 2007
