KAMALDEEP KAUR WAHI Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) Firstly petitioner's father and after his death, the petitioner, the only heir to her parents, is claiming the family pension and all the terminal benefits which accrued to her mother Smt. Daljeet Kaur Wahi since 11.6.1982, when she died in harness. The facts germane to the above said case are these. Mother of the petitioner Smt. Daljeet Kaur Wahi joined Sh. Guru Tegh Bahadur Khalsa Girls Senior Secondary School on 22.2.1965 as a TGT Teacher. Her services were confirmed on 22.2.1966. Thereafter, firstly petitioner's father made a number of representations to grant her family pension and terminal benefits. The Principal of the said school handed over the CTD pass books to her husband vide letter dated 3.11.1982. On 15.12.1982, the father of the petitioner was informed that in terms of Rule 54 of the Central Civil Services Pension Rules, 1972, the Family Pension, 1964 is payable to him as widower of the late Smt. Daljeet Kaur Wahi (TGT). He was further informed that Family Pension, 1964 will be payable till his death or re-marriage whichever event occurs earlier. In the event of his death or remarriage, the Family Pension, 1964 would be granted to the child or children, if any through the guardian. Thereafter, all the formalities were completed as per letter written by the school dated 9.4.1983. On 1.6.1983, the school informed the father of the petitioner that a sum of Rs. 9,805/- is to be deposited in the Government Treasury in the provident fund account of Smt. Daljeet Kaur Wahi as Government share, whereas a sum of Rs. 7,406.97 was the existing balance in her PF Account. A fixed deposit of Rs. 9,000/-would be due and payable to her on 11.7.1983, therefore, it was requested that a sum of Rs. 1,593.03 to be deposited with the school to enable the school authorities to deposit the said amount with the Government Treasury, which was duly complied with by the father of the petitioner.

(2.) Thereafter, nothing was heard from the School authorities. On 12.9.2001, the father of the petitioner was informed to furnish the Family Pension papers which were already submitted to the school over a decade back. In the meantime, father of the petitioner died in a road accident on 17.9.2004. Thereafter, the petitioner pursued the case. It was in the knowledge of the respondent school that the petitioner is the only child of Smt. Daljeet Kaur Wahi. They assured her that the needful would be done, but the school proved long on assurances but short in performances. They asked the petitioner to produce succession certificate after the lapse of more than 24 years, vide letter dated 16.9.2005.

(3.) All the three respondents have contested this petition. This is an admitted fact that the service record of the petitioner was lost in the year 1996 and subsequently her record was prepared. The file prepared by the school goes to show that on 7.5.2005, Sh. Baldev Singh Rani Bagh, Chairman sent the following letter to the Education Officer Zone 8, Pratap Nagar, Delhi: