CHANDER KANTA Vs. MONIKA

JUDGEMENT

(1.) SHRI Prem Sagar was Auditor in Defence Pension Disbursing Office, Hoshiarpur. He died on 28.6.1991 leaving behind him his wife Smt. Monika and mother Smt. Chander Kanta. His mother Smt. Chander Kanta filed suit for declaration against Smt. Monika and others to the effect that she is entitled to receive as nominee/heir of Prem Sagar deceased his group insurance amount, balance of general provident fund, credit balance of pay, leave encashment, death -cum -retirement gratuity and family pension payable on account of the death of her son Prem Sagar and that his wife is not entitled to these accruals and further for permanent injunction restraining Union of India and others defendants from disbursing these accruals to her (Smt. Monika -defendant). Prem Sagar had nominated her (Smt. Chander Kanta) as a person entitled to collect/receive group insurance amount, balance GPF, credit balance of pay, leave encashment, death -cum retirement gratuity and family pension. It was alleged that even otherwise, she is entitled to collect 1/2 of these accruals as she is an equal heir with Smt. Monika under the Hindu Succession act. It was further alleged that if the Court found that she alone was not entitled to receive these accruals, she was entitled to receive 1/2 share of these accruals as she is an equal heir with Smt. Monika under the Hindu Succession Act falling in class -1 of the Schedule attached to the said Act.

(2.) SMT . Monika contested the suit of the plaintiff urging that suit was not maintainable in this form. Plaintiff had no locus standi to file this suit. Suit was barred under the provisions of Central Administrative Tribunal Act. It was admitted that Prem Sagar was son of the plaintiff. Prem Sagar was her husband., It was alleged that Smt. Chander Kanta was not entitled to any of these accruals. He had changed the nomination after his marriage to her (Monika). It was alleged that his widow was the only person entitled to these accruals as per rules applicable to the Central Government Employees. Union of India was bound to pay all these accruals to her, she being nominee of the deceased -Prem Sagar. Monika thus refuted the claim of her mother -in -law to these accruals saying that she being the nominee of her husband was entitled to these accruals. In any case, she being the widow was entitled to these accruals exclusively to the exclusion of the mother of the deceased.

(3.) ON the pleadings of the parties, the following issues were framed: -