UNION OF INDIA Vs. CHHABI BAURI & ANR

JUDGEMENT

(1.) The appeal has been filed from the Judgment and decree dated 25th February, 2011. By the said decree the Court below allowed the deed of agreement dated 12th November, 2001 which was a part of Schedule 'A'. Schedule "B" was also allowed which comprised of widow pension and/or family pension. The sum, which accrued in the Provident Fund account, was also decreed by the court below.

(2.) We have no issue in respect of Schedule 'B' passed by the court below. It is only in respect of schedule "A" that we have raised an issue. On a perusal of the Deed of Agreement dated 12th November, 2001 we find that some of the clauses which have been inserted in the deed of agreement is in respect of compassionate appointment. This cannot be allowed by us as compassionate appointment is to be given in accordance with law and is to be given to the legal heirs and representatives of the deceased employee. We cannot accept to give compassionate appointment through the Deed of Agreement. Therefore schedule 'A' could not have been decreed by the court below and in doing so the court below has erred in fact and in law. Schedule 'B' deals with provident fund, other death benefits including widow pension. On a perusal of schedule 'B' we find that in the provident fund account the deceased employee appointed the respondent no. 2, second wife, as his nominee. Similarly, in Central Government Group Insurance, the respondent no. 2, was named as a nominee by the deceased employee. Therefore it stands to reason that the respondent no. 2 would be entitled to the pension and/or family pension so also the gratuity.

(3.) Accordingly, the appellant is directed to make payment of the pension/family pension to the respondent no. 2, as she has been named in the records of the appellant. Gratuity be also paid on the same premise by the appellant to the respondent no. 2 along with interest @ 12% p.a. on and from within thirty (30) days after the demise of the deceased employee. The Payment of Gratuity Act, 1972, postulates payment maximum within thirty (30) days from the date of demise of the employee and thereafter it must be paid to the legal heirs or representatives of the deceased. The interest, which has been paid by us is nominal amount compared to the interest charged or paid by the Nationalised banks. It is only for this reason that the interest component has been imposed by us.