ZAIBUNNISA Vs. COMMISSIONER CORPORATION OF CHENNAI

JUDGEMENT

(1.) THE petitioner has filed the present writ petition seeking to challenge the order dated 04.06.2010 passed by the third respondent and after setting aside the same, seeks for a direction to the respondents to pay pension along with arrears with effect from 17.10.1993.

(2.) NOTICE was directed to be taken by the learned Standing Counsel for the Corporation of Chennai. But they have not filed any counter affidavit till date.

(3.) THE petitioner's husband, admittedly got retired from service on 01.12.1986 and was drawing pension till 17.10.1993, nearly for a period of seven years. Had he been alive, he would continue to get pension. It is only after his death, the question of his wife getting family pension will arise. This is not a case where a Government servant while in service found to be missing and thereafter, the question should arise whether he is dead or alive. Under such circumstances, the date of reckoning may be relevant for the purpose of grant of family pension. In those cases, the Government can stipulate certain guidelines for reckoning the date of death of a Government servant for the purpose of awarding family pension to his family. In the case of a Government servant while dying in service the question of payment of pension or arrears of pension will not arise as pension is payable either on account of reaching the age of superannuation or death whichever is earlier. But in the case of pensionary benefits, like the petitioner's husband, who will continue to get pension and if any particular date of death is arrived at for the grant of family pension, then up to the date of death he is eligible for pension and in case, it is stopped on account of no information regarding his existence, certainly pension is payable till the date of his deemed death. THErefore, the petitioner was partly right in stating that the respondents should comply with the order of the Government in reckoning the date of his disappearance being confirmed and the eligibility of the petitioner in getting pension will arise. In case the Government comes to the conclusion that the petitioner is eligible to get family pension only from 06.02.2005 by holding that F.I.R., was registered only on 06.02.2003 based upon the Government letter of clarification, that will not defeat the claim of the petitioner from getting pensionary benefits, which is due and payable to the petitioner's husband who was drawing pension from 1986 to 1993 and if he alive, he would have continued to get pension till the date of his actual death or deemed death, whichever is earlier. THErefore, while the writ petitioner's request for family pension to be reckoned from 17.10.1993 cannot be considered, but her request for pension arrears payable on account of the same, since the respondents have reckoned the date of death as two years from the date of lodging of F.I.R., cannot be granted.