UOI Vs. SHAKUNTALA

JUDGEMENT

(1.) THE Union of India (UOI) claims to be aggrieved by an order of the Central Administrative Tribunal (CAT) dated 28.08.2006 whereby the respondent/applicant's case for grant of Family Pension is directed to be considered in the light of Rule 88 of the CCS (Pension) Rules, 1972.

(2.) BRIEFLY the facts are that the respondent ­ Ms. Shakuntala is the widow of one Ram Mehar, who had worked as a Civilian Driver in the army. After serving for 15 years, 7 months and 13 days, he was discharged from service. He was not recipient of any form of pension from the army. Much later, on 06.01.1987, he died on account of prolonged illness. In these circumstances, Ms. Shakuntala approached the CAT some time in 2006 with an application, complaining that her representations for grant of Family Pension were of no avail and that she was entitled to it. The UOI resisted the application, contending that since late Ram Mehar is not recipient of any form of pension and that his case could not be considered under any of the eventualities spelt -out in Rule 54(2)(i) and (ii) of the CCS (Pension Rules), his widow was not entitled to claim the benefit. The CAT, however, negatived the UOI's plea and directed consideration of her case. It is argued that Rule 54 of the CCS Pension Rules which governs the conditions for grant of family pension envisions only three eventualities and that late Ram Mehar did not fall in any of those. Since he did not die in harness, there was no question of application of Rules 54(2)(i) and 54(2)(ii). Likewise, he was not recipient of any form of pension and, therefore, his case was not covered by Rule 54(2)(ii). It was also urged that the inordinate delay in approaching the CAT is an important factor which should have alerted the CAT, which, therefore, ought to have desisted from issuing any direction for consideration of the case.

(3.) THE CAT noted that Rule 54 may not be applicable in its own terms; however, it was persuaded to issue a direction to the respondent in the light of Rule 88 of the CCS (Pension) Rules. The relevant discussion in that regard is as follows: