Calcutta High Court (Appellete Side)
Calcutta Dock Labour Board And Anr vs Priyanka Nandi And Ors on 9 September, 2024
Author: Debangsu Basak
Bench: Debangsu Basak
1
MAT 59 of 2024
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION
APPELLATE SIDE
Present:
The Hon'ble Justice Debangsu Basak
And
The Hon'ble Justice Md. Shabbar Rashidi
MAT 59 of 2024
With
IA No.: CAN 2 of 2024
Calcutta Dock Labour Board and Anr.
Vs.
Priyanka Nandi and Ors.
For the appellants :Mr. Probal Mukherjee, Ld. Sr. Advocate
Mr. Ashok Kumar Jena, Advocate
For the Union of India :Mr. Rudra Jyoti Bhattacharjee, Advocate
Ms. Debjani Ghosal, Advocate
For the private respondent/ : Mr. Shyamal Kumar Das, Advocate
Writ petitioner Mr. Prasanta Kumar Banerjee, Advocate
Ms. Indrani Nandi
Heard & Judgment on : September 9, 2024
DEBANGSU BASAK, J.:-
1. By consent of the parties, the appeal is taken up for final hearing.
2. The Court is informed that all papers used before the learned Single
Judge are available on record. Notice of appeal is waived since the private
Signed By :
ABHIJIT DAS
respondent is represented.
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Calcutta
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MAT 59 of 2024
3. Appeal is directed against the order dated October 9, 2023 passed in
W.P.A. No.9617 of 2022.
4. By the impugned order, the learned Single Judge allowed a divorced
daughter of ex-employee of Calcutta Dock Labour Board (CDLB) to
receive family pension in view of the Resolution No.19 dated March 30,
2015 taken by the CDLB which makes Rule 54(6)(ii) of the Central Civil
Services (Pension) Rules, 1972 applicable.
5. Learned Senior Advocate appearing for the appellants submits that, Rule
54(6) of the CCS Rules was resolved to be implemented subject to
affordability. In support of his contention, he refers to the Resolution
together with the Calcutta Dock Labour Board Employees' Pension and
Gratuity Rules, particularly Rule 31 special provision (b) thereof. He also
refers to the Family Pension Rules being appendix 6 to the CDLB
Employees' Pension and Gratuity Rules in support of his contention.
6. Learned Senior Advocate appearing for the appellants submits that, the
employee concerned expired on January 4, 2016. Decree for divorce of
the writ petitioner was on July 3, 2019. Widow of the employee expired
on May 4, 2021. He submits that, the widow of the employee was
receiving family pension till her death. He contends that, date of death is
the crucial factor in considering the heirs and legal representatives who
are entitled to family pension of the concerned employee. In this regard,
Signed By :
ABHIJIT DAS
High Court of he draws the attention of the Court to the words used in Rule 54(6)(ii) of
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MAT 59 of 2024
pension if she is divorced on the date of death of the employee concerned.
Any other interpretation according to him will give rise to an anomalous
situation.
7. Learned Advocate appearing for the private respondent submits that, the
private respondent is entitled to family pension in view of the Rule
54(6)(ii) of the CCS Rules as was adopted by the CDLB in the Resolution
No.19 dated March 30, 2015. He submits that, the adoption of the CCS
Rules by CDLB is unconditional. Consequently, any divorced daughter of
any employee is entitled to family pension.
8. Private respondent as a divorced daughter of the deceased employee
approached the Writ Court for family pension. Employee concerned
expired on January 4, 2016. Decree for divorce in respect of the
daughter of the employee was passed on July 3, 2019. Widow of the
employee was receiving family pension till she expired on May 4, 2021.
9. Private respondent traces the right to receive family pension of the
deceased employee by virtue of the Rule 54(6)(ii) of the CCS Rules which
is as follows:
"(ii) The family pension is payable to the
unmarried/widowed/divorced daughters above the
age of 25, after all unmarried children have attained
the 25 years of age or started earning their
livelihood whichever is earlier. If the deceased
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ABHIJIT DAS government servant/pensioner has survived by any
High Court of
Calcutta
9 th of September disabled child, the widowed/divorced/unmarried
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MAT 59 of 2024
daughter will be eligible to receive family pension
only after the turn of disabled child."
10. In addition thereto, the private respondent claims that, Rule 54(6) was
adopted unconditionally by Resolution No.19 dated March 30, 2015 by
CDLB. Resolution No.19 dated March 30, 2015 is as follows:
"RESOLUTION NO.19 DATED 30.03.2015
Resolved that -
(a) Provision for "The period for which Family Pension
is payable" as in Rule 54(6) of the CCS (Pension)
Rules, is hereby included under the definition of
'Family' in the Board's Pension Rules for Workers
and Employees, in terms of the note circulated on
the item.
(b) Each application for family pension, including the
pending cases, from the unmarried and
unemployed son or daughter of an
employee/worker/pensioner suffering from any
disorder or disability of mind or is physically
crippled or disabled so as to render him or her
unable to earn a living even after attaining the age
of 25 years, shall be considered strictly as per the
conditions stipulated in Rule 54(6) of CCS (Pension)
Rules and the family pension be started in eligible
cases with the approval of Deputy Chairman."
11. Entitlement of family pension occurs on the death of the employee
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ABHIJIT DAS
High Court of
Calcutta concerned. Therefore, date of death is a vital consideration so far as
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MAT 59 of 2024
entitlement of family pension is concerned. As on the date of death,
therefore, the categories of persons specified therein, entitled to family
pension must exist.
12. Rule 54(6) was adopted unconditionally by the Resolution No. 19 dated
March 30, 2015 of CDLB.
13. Parties before us, therefore, are governed by Rule 54(6) read with
Resolution No. 19 dated March 30, 2015 of CDLB.
14. Rule 54(6)(ii) in the second sentence states that if the deceased
Government servants/pensioners are survived by any of the categories of
persons named therein, they will be eligible to receive family pension,
that too, only after the turn of disabled child.
15. Therefore, Rule 54(6)(ii) makes the date of death of the employee
concerned as the crucial factor on which date, the surviving heirs as
enumerated in such Rule are to be discussed.
16. Rule 54(6)(ii) specifies that on the date of the death of the deceased
employee, the first person who will receive family pension to the exclusion
of all others specified therein is the disabled child. Therefore, if there is
no disabled child, the widowed/divorced/unmarried daughter will be
eligible to receive family pension.
17. In the facts of the present case, there is no disabled child of the deceased
employee. On the date of death of the deceased employee, private
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ABHIJIT DAS
High Court of respondent was not divorced. Date of death of the deceased employee is
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MAT 59 of 2024
January 4, 2016 while the decree for divorce in respect of the private
respondent is dated July 3, 2019.
18. Consequently, we are of the view that the private respondent does not fall
within the purview of Rule 54 (6)(ii) of the CCS Rule read with the
Resolution No. 19 dated March 30, 2015 of CDLB.
19. In such circumstances, request for family pension of the private
respondent cannot be kept.
20. In view of the discussions above, impugned order dated October 9, 2023
passed in W.P.A. 9617 of 2022 is set aside.
21. M.A.T. 59 of 2024 and the connected application being CAN 2 of 2024
are disposed of without any order as to costs.
(Debangsu Basak, J.)
22. I agree.
(Md. Shabbar Rashidi, J.)
(AD/SD)
Signed By :
ABHIJIT DAS
High Court of
Calcutta
9 th of September
2024 04:44:04
PM
