PHOOL KUMARI Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The instant petition filed under Article 226 of the Constitution prays for issuance of a writ in the nature of certiorari quashing order dated 24.9.2002, Annexure P-4 passed by the Accountant General, Punjab- respondent No. 3 declining the claim of the petitioner for death-cum- retirement gratuity, ex-gratia grant and family pension alongwith interest thereon. The aforementioned claim is based on the fact that her son died in harness.

(2.) Brief facts of the case necessary for disposal of the instant petition are that one Onkar Singh who was son of the petitioner had died in harness on 18.4.2000. He was working as Packer in the Department of Printing and Stationery, Government of Punjab. He had joined service in February, 1969. It is claimed that the petitioner who is mother of Onkar Singh had approached the respondent-Department for release of retiral and pensionery benefits to her as well as to her husband being father of Onkar Singh on the ground that Onkar Singh had died with a status as unmarried. The respondent-Department issued a letter Annexure P-1 to the petitioner that succession certificate has to be obtained from a competent Court and the same be submitted to the department. A total amount of Rs. 3,94,054/- being D.C.R.G., G.P. Fund, Leave encashment, D.L.I. and ex-gratia was admittedly payable to Onkar Singh. On 25.2.2002, the petitioner obtained a succession certificate with a specific direction that a sum of Rs. 3,94,054/- is lying with the respondent-Department which is due to Onkar Singh and the certificate empowers the petitioner being the mother of Onkar Singh to collect that amount. However, the petitioner also submitted her claim for family pension alongwith the succession certificate. The respondents have paid to the petitioner a sum of Rs. 31,574/- on account of Leave encashment on 2.8.2002, G.P. Fund amount of Rs. 1,14,248/- on 26.7.2002 and D.L.I. amount of Rs. 10,000/- on 3.9.2002. In respect of claims of death-cum- retirement gratuity, ex-gratia grant and death-cum-family pension, the matter was referred to the Accountant General who raised the objection vide letter dated 15.12.2000 expressed the view that the succession certificate is altogether a separate thing and would not apply to the retiral benefits which are governed by statutory rules framed under Article 309 of the Constitution and the Punjab Civil Service Rules, Volume II (for brevity, 'the Rules'). The aforementioned rejection of claim has been made subject-matter of challenge in the instant petition.

(3.) Two separate written statements have been filed. Respondents 1 and 2 in their written statement have admitted the fact with regard to service rendered by Onkar Singh. However, it has been disputed that Onkar Singh was unmarried. In this regard, reference has been made in the will dated 19.2.1988 (Annexure R-29) showing that Onkar Singh was married twice. The first wife had divorced him and the second wife deserted him and started living with some one else. A perusal of the will also shows that Onkar Singh has nominated his parents to claim all the benefits like G.P.F., gratuity and ex-gratia etc. He has disqualified and disentitled everyone else. Various other documents have also been placed on record showing that he has taken leave on account of illness of his wife or the children.