UNION OF INDIA, Vs. P.R. SARASWATHI AMMA

JUDGEMENT

(1.) THE respondents in O.A. No. 884 of 2010 are the petitioners. The application came to be filed by the wife of late N. Kesavan Nair who was superannuated from service on 31.10.1997. The claim is that he was paid his pension but the DCRG benefits was not paid. It seems that there was an enquiry conducted by the Department by issuing Annexures A1 and A2 but no steps were taken for completing the enquiry or to compute the loss alleged to have sustained by the Department on account of the alleged misconduct on the part of the applicant's husband. Alleging that the DCRG was withheld unreasonably, the Original Application was allowed by the Tribunal, having come to a finding that though the enquiry was initiated against the applicant's husband, the enquiry was not concluded within the period of three months from the date of superannuation as stipulated in the rules. The pension had already been paid to the applicant's husband for almost 13 years and irrespective of the quantum of alleged loss by way of shortage of stock in so for as the disciplinary proceedings were not completed within the specified time, the Department was directed to pay the DCRG following the decision of the Apex Court in LIC of India v. LIC Officer's Association [ : (2008) 3 SCC 321].

(2.) THE learned counsel for the petitioners contends that though Annexures A1 and A2 were issued, the applicant's husband kept quiet and did not participate in the proceedings. That being the situation, he was well aware of the fact that he was not entitled for the DCRG benefits. It is not in dispute that the DCRG benefit is to be paid to the employee who superannuates from service. In the absence of any enquiry being finalised within three months from the date of superannuation, definitely it is the right of the employee to receive DCRG which cannot be withheld for any other reason. The applicant being the wife of the deceased employee is entitled for the estate of the deceased husband which includes the DCRG benefit also. Failure of the deceased employee to demand DCRG during his life time will not give the department a right to retain it. That being the situation we do not find any ground to interfere with the order of the Tribunal. Accordingly, the Original Petition is dismissed. However, petitioners are allowed three months time to comply with the order passed by the Tribunal.