INDUPARI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) The prayer of the Petitioner is for quashing the order dated 10.06.2004, as contained in Annexure- 5, whereby the claim for payment of death-cum-retirement gratuity (DCRG) was declined by rejecting his representation filed pursuant to the order dated 4th of November 2003, passed in C.W.J.C. No. 11700 of 2003, vide Annexure - 4.

(2.) Through an interlocutory application bearing I.A. No. 6497 of 2010 filed on 06.05.2010, further prayer has been made for directing the payment of family pension with arrears and interest.

(3.) The short relevant facts of the case are that the husband of the Petitioner namely, Late Dwarika Singh was initially appointed as an Ex- RPP personal in the Railway, however, on re-organization of the RPF (Railway Protection Force), appointed afresh on 17.04.1952 as RPF Constable (Rakshak). However, after qualifying a period of 13 years and three months of service, he expired on 17th of July 1965. The service of the deceased employee with respect to retiral dues was governed by the State Railway Provident Funds (contributory and special contribution to the provident fund dues). Upon death of the employee, the widow (Petitioner) was paid the admissible amount of the special contribution to provident funds (SCPF) dues, as also the State Railway provident fund dues. The amount were paid in the year 1965 itself. Thereafter, the matter was closed . Petitioner, however, for the first time filed a writ petition in this Court vide C.W.J.C. No. 9937 of 1994 claiming settlement dues and pensionary benefits. The said writ application was withdrawn to enable the Petitioner to file representation before the authority concerned. Petitioner, thereafter however, filed several writ petitions followed by contempt applications alleging non-compliance of the order. One of such writ application vide C.W.J.C. No. 12134 of 1999, this Court vide order dated 20th of July 2000 (Annexure-2) allowed the writ application of the Petitioner with regard to claim for death-cum-retiral dues in terms of the order dated 08.05.2000 passed in C.W.J.C. No. 6659 of 1999 (Annexure-1) with a direction that the amount already paid by way of Special contributory funds be adjusted. The Petitioner was accordingly paid the ex-gratia monthly payment with effect from 01.01.1986 in terms of the government notification No. 04/1/1987-P&PW(PIC) dated 13th of June 1988 issued by Ministry of Personnel, Public Grievances and Pensions (Department of Pension and Pensions Welfare ) vide Annexure - H to the supplementary counter affidavit in respect of the widow and dependent children of the deceased employee who were governed by the contributory provident fund benefits and had ceased from service prior to 01.01.1986 either due to retirement or death and also keeping into consideration the order passed in C.W.J.C. No. 12134 of 1999 read with the order passed in C.W.J.C. No. 6659 of 1999 as contained in Annexures 2 and 1 respectively. The due interest as directed by this Court was paid through cheque as mentioned in the impugned order (Annexure-5). The claim of the Petitioner for payment of DCRG was again considered pursuant to the order dated 04.11.2003, of this Court passed in C.W.J.C. No. 11700 of 2003 which upon consideration was found not admissible and accordingly rejected by the impugned order. The Respondents through their counter affidavit followed by supplementary counter affidavits have supported the impugned order dated 10.06.2004 as contained in Annexure- 5.