ANJALI HAZARIKA Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) This writ application has been filed by the widow of a deceased employee to quash two orders at Annexure-VI and VII to the writ application. They are quoted below:

(2.) It may be stated herein that the husband of the petitioner died in a motor accident on 24.1.91 and the wife of the petitioner applied for payment of all the retiral benefits and on that application these two orders quoted above have been passed. It may also be stated herein that at the time of making an enquiry the authority did not inform the heirs of the petitioner and the question is that whether this money now can be recovered from a person who is dead inasmuch as no enquiry was held before his death regarding this money and sanction of the Govt required under rule 9 to hold an enquiry under Central Civil Services (Pension) Rules, 1972 also was not obtained. Reliance has been placed in the affidavit-in-opposition in Rule 71 of the CCS (Pension) Rules, 1972 for the recovery of this amount. Rule 71 of CCS (Pension) Rules, 1972 is quoted below: "71. Recovery and adjustment of Government Dues - (1) It shall be the duty of the Head of Office to ascertain and assess Government dues payable by the Government servant due for retirement. (2) The Government dues as ascertained and assessed by the Head of Office which remain outstanding till the date of retirement of the Government Servant, shall be adjusted against the amount of the (retirement gratuity) becoming payable. 3.The expression 'Government dues' includes - (a) dues pertaining to Government accommodation including arrears of licence fee, if any; (b) dues other than those pertaining to Government accommodation, namely balance of house building or conveyance or any other advance, overpayment of pay and allowances or leave salary and arrears of income tax deductible at source under the Income Tax Act, 1961 (43 of 1961)."

(3.) From the definition of the Govt dues as mentioned in Rule 71(3) quoted above, it will be crystal clear that aforesaid amounts which were sought to be deducted from the petitioner by the authority did not come within the purview of Govt. dues. So, the authority had no power to make deduction. In view of that matter, Annexures-VI and VII to the writ application shall stand quashed and the authority is directed to pay the petitioner all the retiral benefits within a period of one month from the date of receipt of the order failing which the amount shall carry interest at the rate of 12% p.a. from the date on which he became due. There is another prayer to give appointment to the wife of the petitioner on compassionate ground. The authority shall consider the question of giving her appointment on compassionate ground in accordance with the rules and procedure.