SUMITRA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) LATE Shri Prem Prasad, husband of the petitioner, was employed with Northern Railways, Bikaner Division as a class IV employee. He was removed from service on 03.04.1989 and he passed away on 09.09.2008. After his death, PF amount of Rs 3421/ - and CGIS amount of Rs 458/ - was paid to his wife (petitioner herein). Rest of the retiral dues of late Shri Prem Prasad have not been paid so far. Being aggrieved for non -payment of such dues, the petitioner is before this Court seeking the balance amount of gratuity, provident fund and other amounts pertaining to Late Shri Prem Prasad. She is also seeking a direction for payment of pension to her.

(2.) IN their counter -affidavit, the respondents have stated that the petitioner never approached Railway Administration for settlement of dues of her late husband. It is further stated in the counter -affidavit that as per Manual of Railway Pension Rules (MRPR), para 309, pension, family pension and gratuity is not admissible to a person who is removed from service.

(3.) IT would, thus, be seen that the competent authority has a discretion whether to grant or refuse pensionary benefits of a Railway servant on whom penalty of removal from service is imposed. However, even in case of such a Railway servant, the authority which removes him from service is competent to award compassionate grants corresponding to ordinary gratuity and/or death -cum -retirement gratuity benefits allowances corresponding to ordinary pension when he deserves such grant on special considerations. However, such compassionate grant and/or allowance cannot exceed 2/3rd of the pensionary benefits which would have been admissible to late Shri Prem Prasad if he had retired on medical certificate.