MORBI MUNICIPALITY Vs. BABIBEN RAJABHAI

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 1.9.2016 passed by the learned Single Judge in Special Civil Application No.13095 of 2009, whereby the petition has been allowed.

(2.) The facts giving rise to the present appeal are that the appellant-Municipality had adopted the pension scheme in the year 1988, whereafter it had invited options for pension from the employees. The husband of the first respondent-original petitioner (hereinafter referred to as the "petitioner") had opted for pension by filling up the form on 23.3.1999. After the death of the petitioner's husband on 6.2.2000, family pension ought to have followed; however, inadvertently, a sum of Rs. 1,00,004.39 was paid to the petitioner towards the contributory provident fund on 3.12.2003. The municipality thereafter addressed a letter dated 15.12.2003 to the petitioner's deceased husband to refund the amount paid by mistake including the difference in gratuity paid in excess, which was followed by a further reminder dated 20.2.2004. The petitioner also made several representations to the appellant for payment of family pension which was refused as the petitioner had not re-deposited the appellant's contribution to the contributory provident fund. The petitioner therefore, approached this court by way of the captioned petition. By the impugned judgment and order the petition has been allowed.

(3.) According to the learned Single Judge, the payment of contributory provident fund to the petitioner was a mistake on the part of the appellant, but that mistake would not obliterate the petitioner's right to receive family pension vested in her on and after the death of her husband. Accordingly, the learned Single Judge has held that the petitioner would be under an obligation to refund the principal contribution to contributory provident fund with interest at the rate of 6% per annum from 3.12.2003 till realization. However, such amount shall be adjusted against arrears of family pension, to which the petitioner is entitled to with effect from 7.2.2000, viz. the day after the death of her husband with interest as above.