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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 26th May, 2011
+ WP(C) 3324/2011
SAVITA DEVI ..... Petitioner
Through: Mr.M.K.Gaur, Advocate.
versus
UNION OF INDIA & ORS ..... Respondent
Through: Mr.Anuj Aggarwal, Advocate.
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MR. JUSTICE SURESH KAIT
1. Whether the Reporters of local papers may be allowed
to see the judgment?
2. To be referred to Reporter or not?
3. Whether the judgment should be reported in the Digest?
PRADEEP NANDRAJOG, J. (Oral)
1. This is the second round of litigation and unfortunately as reflected in the order dated 7.1.2011, when WP(C) No.7518/2008 filed by the petitioner was disposed of, the petitioner was found knocking at the wrong door and obviously the door would not open.
2. Husband of the petitioner was employed as a Pioneer and earned promotion as a Painter under General Road Engineering WP(C) 3324/2011 Page 1 of 8 Force (GREF).
3. Thinking that Army Pension Rules 1982 would govern the entitlement of the petitioner for family pension, WP(C) No.7518/2008 was filed. The department never told this Court that as per the Constitution Bench decision of the Supreme Court reported as AIR 1983 SC 658 K.Biswan & Ors. vs. UOI & Ors., GREF employees were civilian employees, notwithstanding they being subjected to the discipline of the Armed Forces and thus for service benefits, the applicable service rules pertaining to civilian employees would hold the field.
4. WP(C) No.7518/2008 was disposed of directing the GREF Authorities to consider the claim of the petitioner under CCS (Extraordinary Pension) Rules and take a decision within 12 weeks thereof.
5. Decision has been conveyed to the petitioner under cover of order dated 9.3.2011 holding that since death of late Painter Roshan Lal i.e. husband of the petitioner was not arising out of and in course of employment, death being covered under category „A‟ of CCS (Extraordinary Pension) Rules, admissible family pension to the petitioner would not be as per said rules and that the admissible pension would be under the CCS (Pension) Rules 1972, which was being paid.
6. At the second round of litigation, the petitioner questions the order dated 9.3.2011.
7. While issuing notice to show cause to the respondents which was accepted in Court by their counsel, we had required counter affidavit to be filed and today learned counsel states WP(C) 3324/2011 Page 2 of 8 that further time be given to the department to ascertain whether late Painter Roshan Lal died during service as understood under the CCS (Extraordinary Pension) Rules.
8. The request for adjournment highlights the fact that the respondents have passed the order dated 9.3.2011 in a casual manner; they have not even bothered to understand the law on the subject and thereafter gather the relevant facts necessary before applying to the law while taking the decision on the given facts.
9. Relevant facts are that late Painter Roshan Lal, while working at GREF in Silchar was granted earned leave to visit his family in Village Mandoli, District Rewari, Haryana. He proceeded to avail leave on 5.3.2002. He never reached his house. His dead body was found on the railway track leading to Rewari on 8.3.2002. The time when the body was found is not known to us for the reason the petitioner, who is a widow, does not know the same and the respondents have not bothered to find out the time when the dead body of late Painter Roshan Lal was discovered on the railway line.
10. It is not in dispute that to reach Rewari from Silchar, a person has to travel first from Silchar to Gauhati and whether travelling by road or by rail, minimum journey time would be between 10 hours to 12 hours. There-from, proceeding from Gauhati to Delhi by rail, it would take minimum between 28 hours to 36 hours depending upon the train which one would take. The fastest mode of travel would be the Rajdhani Express. To reach Rewari thereafter from Delhi one has to either proceed WP(C) 3324/2011 Page 3 of 8 by road or by rail. The village of late Painter Roshan Lal is near the town of Rewari, in District Rewari, Haryana and to travel from Delhi to Rewari would take, by rail, approximately between 2 - 3 hours.
11. Since late Painter Roshan Lal left Silchar on 5.3.2002, at a time not known, and his body was found at the railway line leading to Rewari on 8.3.2002, time not known, there would be a high degree of probability that late Painter Roshan Lal was en- route from the place of duty i.e. Silchar to his home village.
12. Having noted the facts as afore-noted, time to note the law on the subject.
13. CCS (Extraordinary Pension) Rules as amended from time to time apply to all persons who are paid salary from Civil Estimates other than those to whom the Workmen‟s Compensation Act 1923 applies.
14. Rule 3(1) of the Rules defines an accident to mean:-
(i) A sudden and unavoidable mishap; or
(ii) A mishap due to an act of devotion to duty in an emergency arising otherwise than by violence out of and in the course of service.
15. Rule 3-A(2), which has a typographic error in it, reads as under:-
3-A(1) ..........
3-A(2) There shall be a casual connection between:-
(a) disablement in Government service and
(b) death in Government Service,
(c) For attributability or aggravation to be
WP(C) 3324/2011 Page 4 of 8
conceded. Guidelines in this regard are given in the Appendix which shall be treated as part and parcel of these Rules.
16. The typographic error is obvious. The word „casual‟ is an obvious misnomer. It must read „causal‟. It is apparent that the letters „s‟ and „u‟ have been interchanged.
17. Be that as it may, a co-joint reading of sub-rule (1) of Rule 3 of sub-rule 2 of Rule 3(A) would make it plain clear that an accident which is a sudden and an unavoidable mishap resulting in disablement or death would be required to be having a causal connection with the government service if the same is attributable or aggravated as clarified or elaborated by guidelines to be prescribed and as given in the Appendix to the Rules and that the guidelines have to be treated as part and parcel of the CCS (Extraordinary Pension) Rules.
18. Guidelines enumerate 6 categories, being Category „A‟ to Category „E‟. We are concerned with Category „A‟ and Category „C‟ and hence we note the same. Category „A‟ reads as under:-
"Category „A‟: Death or disability due to natural causes not attributable to Government service. Examples would be chronic ailments like heart and renal diseases, prolonged illness, accidents while not on duty etc."
19. Category „C‟ reads as under:-
"Category „C‟: Death or disability due to accidents in the performance of duties. Some examples are accidents while travelling on duty in Government vehicles or public transport, a journey WP(C) 3324/2011 Page 5 of 8 on duty is performed by service aircraft, mishaps at sea, electrocution while on duty, etc."
20. The guidelines further state that pertaining to Categories „B‟ and „C‟ the quantum of Extraordinary Family Pension would be computed in the manner prescribed in the guidelines and suffice would it be to state that such accidents resulting in death or disability which fall under Category „C‟ would attract liability to pay and hence the entitlement to receive Extraordinary Family Pension.
21. Death or disability due to accident in the performance of duties attracts the resultant death or disability to be classified in Category „C‟.
22. The only surviving question then would be : Whether the death of late Painter Roshan Lal was at an accident in the performance of duties?
23. This requires us to have a further look at the guidelines issued and vide Appendix „3‟ to the guidelines, vide clause 4(b)(iv), it is stipulated as under:-
"4(a) ......
4(b) A person subject to the disciplinary code of
the Central Armed Police Battalions, is „on duty‟ -
(i) ...
(ii) .....
(iii) .....
(iv) When proceeding from his duty station to his leave station on returning to duty from his leave station at public expenses, that is, on Railway warrant, on cash TA (irrespective of whether Railway warrant/cash TA is admitted for WP(C) 3324/2011 Page 6 of 8 the whole journey or for a portion only), in Government transport or when road mileage is paid for the journey."
24. It is crystal clear that as per the guidelines: a person paid salary from Civil Estimates, other than the one to whom the Workmen‟s Compensation Act applies, would be treated as on duty when proceeding from his duty station to his leave station or returning to duty from his leave station at public expenses that is, on railway warrants, or cash TA.
25. Facts, as noted hereinabove and as held by us, highly probabilizes that late Painter Roshan Lal was proceeding from his duty station to his leave station when he suffered the accidental death and thus, if this be so, he would be entitled to the benefit of the CCS (Extraordinary Pension) Rules had he survived and because he is dead, his wife is entitled to the benefit thereof.
26. We dispose of the writ petition quashing the impugned order dated 9.3.2011 and issue a direction to the respondents that while disbursing Family Pension element to the petitioner, the benefit payable to her under the CCS (Extraordinary Pension) Rules be extended inasmuch as the death of her husband would be a death falling under the Category „C‟ of the CCS (Extraordinary Pension) Rules.
27. Arrears be computed and paid to her within 6 weeks from today. If not paid within 6 months the same shall carry interest @10% per annum reckoning 6 weeks from today till arrears are disbursed. Future pension would be paid according to the WP(C) 3324/2011 Page 7 of 8 mandamus issued.
28. Petitioner is entitled to costs in sum of `5,000/- which shall be disbursed to the petitioner along with arrears of the extraordinary pension to which she would be entitled.
29. DASTI.
PRADEEP NANDRAJOG, J.
SURESH KAIT, J.
MAY 26, 2011 dk WP(C) 3324/2011 Page 8 of 8