Union Of India vs Meena Kumari & Anr
2015 Latest Caselaw 486 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                              Date of hearing & Order: January 19, 2015.
+      W.P.(C) 6615/2014 & CM APPL. Nos.15734-35/2014

       UNION OF INDIA                                    .... Petitioner
                     Through:            Mr. Sameer Agarwal, Advocate

                            versus

       MEENA KUMARI & ANR                           ..... Respondents
                   Through:              Mr. Anand Nandan & Mr. D.S.
                                         Mishra, Advocates

       CORAM:
       HON'BLE MR. JUSTICE KAILASH GAMBHIR
       HON'BLE MR. JUSTICE I.S.MEHTA

%                                    ORDER

KAILASH GAMBHIR, J. (ORAL)

CM APPL No. 15735/2014 (Exemption)

Exemption allowed subject to all just exceptions.

Application stands disposed of.

W.P.(C) 6615/2014 & CM No. 15734/2015 (Stay)

1. In the present Writ Petition the challenge is to order dated

30.08.2013 whereby the learned Central Administrative Tribunal,

Principle Bench, New Delhi (hereinafter referred to as the 'CAT') has

disposed of the Original Application (in short 'OA') bearing No.366/2012

filed by the respondents.

2. The principal contention raised by the learned counsel for the

petitioner is that the learned CAT has directed the petitioner to pay the

terminal benefits to the tune of Rs.7.68 lacs to the family of the deceased

employee without appreciating the fact that the total amount of the

terminal benefits which had accumulated in favour of the deceased-

employee, after giving adjustment to the outstanding dues, were Rs. -

25,479/-. Thus, after giving adjustment to those dues, nothing remains

payable to his legal heirs. He further submits that so far as the pensionary

benefits of the deceased- employee is concerned, the petitioner has no

issue as the same were payable to the rightful legal heirs of the deceased-

employee.

3. We have heard the learned counsels for both the parties.

4. In the present case respondent No.1 here is the divorced wife of the

deceased-employee, Mr. Mahesh Kumar, while respondent No.2 is the

child born out of the wedlock of the deceased-employee and respondent

No.1 and thus she is not entitled to the family pension The deceased-

employee had nominated his mother as his nominee to receive the

terminal benefits. However, as per the settled law, the family pension is

to be apportioned between the mother of the deceased- employee and his

son equally. The son being minor, his next friend will be eligible to get

50% of the apportioned amount till the period under which minor is

legally entitled to get it.

5. In the present case, since respondent No.1 is a mother and natural

guardian of respondent No.2, she will be eligible to receive the terminal

benefits in her capacity as a guardian of respondent No.2. The learned

counsel for the respondents, on instructions from respondent No.1,

submits that she has no objection, if the petitioner pays the terminal

benefits in favour of respondent No.2 but under the guardianship of

respondent No.1. Thus so far as the amount payable to respondent No.2 is

concerned, the same shall be paid in the favour of respondent No.1 in her

capacity as a guardian of respondent No.2.

6. The parties are not at lis apropos the family pension, therefore, we

direct the petitioner to pay the family pension in favour of the legal heirs

as per the applicable rules within a period of two months from the date of

this order alongwith interest @ 9% per annum. The dues outstanding on

the loan or otherwise, if any, against the deceased-employee, shall be

adjusted towards the amount of terminal benefits and if after adjustment

any amount is left payable then the same shall be paid by the petitioner to

the legal heirs of the deceased-employee within a period of two months.

7. With the above directions, the present writ petition along with all

pending applications stand disposed of.

KAILASH GAMBHIR, J

I.S.MEHTA, J JANUARY 19, 2015 v