BHAGWAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner has approached this Court seeking the following reliefs:-

(2.) Factual matrix of the case is that petitioner was appointed in Central Industrial Security Force (hereinafter to be referred as CISF) on 05.12.1980 as Constable (GD). Due to his poor medical condition, he took voluntary retirement from services and was relieved from CISF on 01.11.2018. He was married to Smt. Susheela Devi in the year 1981, who left co-habitation with petitioner in the year 1985, and since then both are living separately. In the year 2016, petitioner filed a petition before the Family Judge, Dehradun under Section 13 of the Hindu Marriage Act, seeking decree of divorce, which is pending adjudication. It is stated that the petitioner is undergoing treatment at Shri Mahant Indresh Hospital, Patel Nagar, Dehradun since last two years. The grievance of the petitioner is that after retirement he is in dire need of money due to his ill health but his pension and other retirement benefits are not getting processed due to noncooperation of his wife. The office of Deputy Commandant CISF Jhakdi has informed the petitioner vide letter bearing no. E-28014/SJVNL/Lekha/Pension/BS/2019- 764 dated 01.03.2019 that petitioner need to supply his joint photograph with his wife and separate account of his wife for getting his pension processed. Petitioner has submitted his reply to the letter dated 01.03.2019 informing the higher authorities about his strained relationship with his wife and pendency of divorce suit before Family Judge, Dehradun. Thereafter, by another letter dated 28.06.2019, petitioner has again been asked to supply aforesaid documents of his wife and to remain personally present along his wife before CISF formation in ONGC Dehradun. Despite several request made by the petitioner, his wife is not cooperating in the process of preparing the pension papers and is causing hurdles in order to get the pension to the petitioner. It is further alleged that the petitioner's wife has clearly denied before Assistant Commandant CISF ONGC Dehradun on 08.07.2019 to supply any document for processing of pension to the petitioner. Petitioner contends that he has shown his inability to get the joint photograph with his wife and her account number before the respondent but despite all his requests still his pension is pending. Vide letter dated 05.10.2019, once again petitioner has been asked to supply documents of his wife, wherein this fact has also been recorded that on 08.07.2019 his wife has clearly denied supplying required document before Assistant Commandant CISF, ONGC, Dehradun.

(3.) A counter affidavit has been filed on behalf of respondent nos.1 to 5 stating that the petitioner was asked to provide joint photograph with his wife and a separate account detail of his wife to process and finalize his pension case vide office letters dated 18.02.2019, 01.03.2019 and 03.04.2019 but the petitioner did not submit any documents. Thereafter, one Sub-Officer SI/Exe Suryawanshi Ajay Ramesh was sent to visit petitioner's native place to collect the required documents from him and his wife but his wife Smt. Sushila Devi refused to provide the required documents. Both of them handed over their applications to the Sub Officer (unit representative) citing reason for not providing the required pension papers. It is also stated that CISF Unit ONGC Dehradun vide their office letter no.2351 dated 28.06.2019 had informed petitioner and his wife to discuss the matter together at CISF Unit ONGC Dehradun, so as to obtain remaining documents to ensure further necessary action by the CISF to finalize the petitioner's pension. Pursuant to said letter, petitioner and his wife came in the office whereby one officer tried to convince them but the petitioner and his wife expressed inability to provide the documents. Subsequently, petitioner submitted request to PAO CISF New Delhi regarding his consent to pay half of the amount of pension fund to his wife. Thereafter, Group HQrs Chandigarh sent his pension case to DIG, CISF NZ-2 HQrs Jammu for directions/clarification in this pension case vide letter no.3606 dated 14.08.2019. Thereafter, Unit Office resubmitted petitioner's pension case along with all available documents to CISF NS HQrs, Pension Cell, New Delhi vide letter no.4029 dated 28.09.2019. CISF NS HQ Pension Cell, forwarded his pension papers to PAO New Delhi vide letter no11481 dated 14.10.2019 but PAO New Delhi again returned his pension case on 03.02.2020 for want of requisite documents. It is further stated that the payment of risk fund amount c# 44,478/-, GPF amount c#9,92,374/- and CGEGIS c# 70,838/- has been made to the petitioner whereas papers regarding leave encashment, pension, gratuity, commutation, etc. are pending for want of complete requisite documents. It is further stated that despite respondents, having made all possible efforts to obtain all requisite documents from the petitioner and his wife, they could not submit all such documents, therefore, complete pensionary benefits could not be paid by PAO CISF (MHA), New Delhi.