DISHA VASHISHTHA Vs. NDMC

JUDGEMENT

(1.) LATE Smt.Nirmala was an employee of the New Delhi Municipal Council (respondent No.1) and she unfortunately died in harness and was survived by her daughter (petitioner No.1), husband (petitioner No.2) and minor son (respondent No.2). Upon her death an issue arose as to who would be entitled to the dues payable and lying to the credit of the account of the deceased with the department as also pension. During her lifetime the deceased had nominated her minor son Jai Sharma (respondent No.2) as a nominee to receive gratuity and provident fund deducted every month from her salary as also other amounts lying in credit in different accounts maintained by the department.

(2.) WE clarify at the outset that pension is a right which accrues to the family of a Government servant as per the CCS (Pension) Rules 1972, and as regards employees of NDMC we note that said Rules have been adopted. Thus, as regards payment of pension is concerned, the question of anybody being made a nominee would not arise.

(3.) THE first writ petitioner Ms.Disha is the daughter of the deceased and the second writ petitioner is the husband of the deceased. They filed a writ petition in this Court challenging the decision dated December 14, 2006 taken by NDMC to release the dues above noted in favour of the minor son of the deceased through his guardian (maternal aunt) and as regards the pension directed the same to be invested in a fixed deposit till a final decision was taken.