Laksmi Kumari And Ors vs Union Of India And Anr
2025 Latest Caselaw 4212 Del

Citation : 2025 Latest Caselaw 4212 Del
Judgement Date : 21 April, 2025

Delhi High Court

Laksmi Kumari And Ors vs Union Of India And Anr on 21 April, 2025

Author: C. Hari Shankar

Bench: C. Hari Shankar

                  $~54
                  *        IN THE HIGH COURT OF DELHI AT NEW DELHI
                  +        W.P.(C) 3548/2025, CM APPL. 16585/2025, CM APPL.
                           16586/2025 & CM APPL. 16587/2025

                           LAKSMI KUMARI AND ORS                 .....Petitioners
                                       Through: Ms. Nitika Duhan, Adv.

                                               versus

                           UNION OF INDIA AND ANR                 .....Respondents
                                         Through: Mr. Farman Ali, SPC with
                                         Ms. Usha Jamnal, Adv. along with
                                         Mr. Devender Singh, Jag Officer, ITBP for
                                         UOI.

                           CORAM:
                           HON'BLE MR. JUSTICE C. HARI SHANKAR
                           HON'BLE MR. JUSTICE AJAY DIGPAUL
                                           JUDGMENT (ORAL)

                  %                            21.04.2025

                  C. HARI SHANKAR, J.

1. Vijay Kumar, the husband of Laksmi Kumari, Petitioner 1 in the present writ petition, was employed as a Constable in Indo-Tibetan Border Police1. He was recruited in the ITBP on 3 July 1992. He served as part of the "kitchen service" in the ITBP. Vijay Kumar expired on 8 May 2024. He is admittedly survived by the petitioners who are his wife Laksmi Kumari, his daughters Seema Kumari and Sheela Kumari and his son Akshay Kumar.

2. Vijay Kumar had one more son, Sunil Kumar, who is

"ITBP" hereinafter

admittedly missing since 2001. The petitioners assert that they are not aware of Sunil Kumar's whereabouts and cannot even confirm whether he is alive or dead.

3. Consequent on the death of Vijay Kumar on 8 May 2024, the petitioners became entitled to release of gratuity and family pension in terms of Central Civil Services (Pension) Rules, 2021. However, release of the said retiral benefits was held up by the Department of Pension & Pensioners' Welfare2 vide letter dated 9 August 2024, which required the petitioners to provide various documents including the "Non-Traceable Certificate", issued by the Delhi Police.

4. As per the assertions in the petition, the Petitioner 1 is the third wife of Vijay Kumar and was unaware of the fact that he had a son Sunil Kumar, who has been missing since 2001. She claims to have got to know of the said fact only when she approached the ITBP for release of the retiral benefits of Vijay Kumar. She promptly lodged a complaint with the police station in that regard.

5. The petitioners, therefore, have challenged the aforesaid letter dated 9 August 2024 issued by the DOPPW to the extent it requires them to produce an FIR and a Non-Traceable Certificate regarding Sunil Kumar, as a condition for being released the retiral benefits of Vijay Kumar.

6. We have been spared the necessity of entering into the

"DOPPW" hereinafter

controversy on merits, as the ITBP has issued an order dated 4 April 2025, which reads thus:

"No.31014/35/Estt-02/CT/K.S) Vijay Kumar, Death Cors File/2024-1675 Directorate General, ITBP MHA/Govt. of India CGO Complex, Block-2 Lodhi Road, New Delhi-110003

ORDER

Regimental No. 928010132, Constable (Kitchen Service) Late Vijay Kumar, expired on 08.05.2024 while posted at the Directorate General, ITBP. The amounts due in the form of DCRG, CGEGIS, and Insurance are to be paid to the deceased's family. However, the payment is being withheld due to the non-availability of the First Information Report (FIR) and the Non-Traceable Certificate concerning the disappearance of the late employee's son, Shri Sunil Kumar, since the year 2001. As a result, the deceased's wife, Smt. Laksmi Kumari, along with other family members, has filed a complaint. A petition (WP (C) No..../2025) titled Laksmi Kumari & Ors vs. UOI and Ors has been submitted before the Hon'ble High Court of Delhi at New Delhi for the release of the pensionary benefits. The Government Advocate appointed for the reference case has requested, via email dated 28.03.2025, that the dues of the deceased employee be paid so that the Hon'ble Court may be informed on the next date of hearing, scheduled for 07.04.2025.

Therefore, approval is hereby granted to pay the proportionate amount of DCRG, CGEGIS, and Insurance of the deceased employee to the following family members. pending the receipt of the First Information Report and Non-Traceable Certificate for Shri Sunil Kumar regarding his disappearance. The contribution of the missing son will be withheld in proportionate amounts: -

                          S.No.      Name                 Date     of   Relation      with
                                                          Birth         deceased
                          01.        Smt. Laksmi Kumari   14.01.1985    Wife
                          02.        Smt. Seema           04.11.1989    Married daughter
                                                                        from 1st wife
                          03.        Sh. Akshay Kumar     31.01.1996    Unmarried Son
                                                                        from 2nd Wife
                          04.        Smt. Sheela Kumari   15.09.2001    Unmarried
                                                                        daughter from 2nd




                                                                    wife

                                                         Dy. Inspector General (Adm)
                                                                Dte Gen, ITBP"

7. As such, the remedy sought by the petitioners in the present writ petition stands granted by the respondents, as they have agreed to provide the retiral benefits due to the petitioners, without insisting on the Non-Traceable Certificate qua Sunil Kumar. However, the affidavit whereunder the said letter has sought to be placed on record states, in para 6, that the amount of retiral benefits due to Sunil Kumar would be withheld and would be disbursed only after a Non-Traceable Certificate in respect of Sunil Kumar is issued by the competent authority.

8. Ms. Nitika, learned Counsel who appears for the petitioners acknowledges that the petitioners' grievance stands assuaged by the aforesaid communication dated 4 April 2025 issued by the ITBP. She, however, prays that a direction may be issued to the Delhi Police to take a decision on the complaint dated 22 July 2024 filed by the Petitioner 1 in the Police Station and take appropriate steps in accordance with law.

9. While we do expect the Delhi Police to act on the basis of the said complaint, the legal remedies in that regard, if any, in case the Police fail to do so, would lie elsewhere.

10. We, however, direct that the amount of Vijay Kumar's retiral benefits, as would be payable to Sunil Kumar, be deposited by the

respondents with the Registry of this Court and, as and when it is deposited, be retained by the Registry in an interest bearing fixed deposit, subject to further orders to be passed, if any.

11. Reserving liberty with the petitioners to avail such remedies in case the occasion so arises, the main grievance in the present writ petition, which is with respect to non-release of the retiral benefits of Vijay Kumar to the petitioners, stands redressed. No grievance survives as would require adjudication by this Court.