SAJA BEGUM Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) The case of the petitioner is that her son namely Abdul Gani Khan was working as Male Multi Purpose Health Worker (MMPHW) in Respondent Department, who died in harness on 24th December, 2012. It is stated that the deceased son of the petitioner was married to Mst. Firdousa Akhter, respondent No. 6 herein, who after the death of her husband left the house of the petitioner and filed an application before the Deputy Commissioner, Anantnag, for grant of compassionate appointment in her favour in terms of the provisions contained in SRO 43 of 1994. It is stated that the petitioner objected to the application filed by respondent No. 6, on the ground that respondent No. 6 had left home of the petitioner and was residing with her parents. It is further stated that respondent No. 6 filed a writ petition which was registered as SWP No. 2415/2013 seeking benefit under SRO 43 of 1994, which was allowed and the respondents were directed to accord benefit in her favour and she was appointed as Class IV employee vide order dated 08.08.2014. It is also stated that the respondent No. 6 has also taken her share out of the leave salary and other benefits left by the deceased. It is further stated that the respondents in utter disregard to the rules have forwarded the case of the respondent No. 6 for grant of pension and medical claim to Accountants General's Office which was sanctioned by the office of the Accountant General by issuing a PNR -4/S -1/2213045182 in the name of Firdousa Akhter, wife of the deceased and also the Gratuity payment amounting to Rupees two lacs two hundred and nine only vide No. PNR -4/241341504 forming annexures 'E' and 'E -1' to the writ petition. The case of the petitioner is that since the Revenue authorities have issued dependency certificates in her favour, and have shown her to have been dependent on the deceased and therefore is entitled to family pension, on the ground that the respondent No. 6, wife of the deceased, had already left the house of the deceased, i.e., matrimonial home and is residing with her parents, therefore, not in a position to maintain the petitioner and other dependants of the deceased. It is vehemently argued that since the respondent No. 6 stands appointed under SRO 43 of 1994 as Class IV employee and being issueless and left the matrimonial home after the death of the deceased, she legally cannot claim the family pension of the deceased employee, when the other family members of the deceased are still dependant on the avenues left by the deceased. It is contended that the gratuity payment as also the family pension sanctioned vide aforesaid PNR Nos. may be set aside and the respondents be directed to pay the same to the petitioner, being the real dependent of the deceased employee. On consideration of the matter on 22.11.2014, this Court while displaying indulgence ordered that PPO/GPO impugned in the writ petition forming annexures 'E' and 'E1' shall not be acted upon.

(2.) Respondents have filed the reply and resisted the averments made in the memo of writ petition. Respondents 1 to 4 have pleaded that respondent No. 6 being the wife of the deceased was appointed on compassionate grounds under SRO 43 of 1994: Respondent No. 6 has filed the detailed reply wherein she has pleaded that upon filing the writ petition in this Court for compassionate appointment under SRO 43 of 1994, she was appointed as Class IV employee in the department. It is further pleaded that the petitioner and her husband have also taken their share from the leave salary and G.P. Fund of the deceased as per the succession certificate. It is further pleaded that the respondent No. 6 is the only person who is entitled under rules to the family pension of the deceased. It is also pleaded that the dependency certificate pressed into service by the petitioner has been issued by the incompetent authority and is legally invalid, therefore, being the widow of the deceased, is entitled to receive the family pension in accordance with law and rules and there is no provision in law which provides that family pension can be claimed by the parents of the deceased. It is also pleaded that the respondent No. 6 out of her own will is regularly paying Rs. 2500/ - per month to the petitioner and her husband, ever since she was appointed on Class IV post on compassionate grounds.

(3.) I have heard learned counsel for the parties and considered the matter. Grant of family pension is governed by the Jammu & Kashmir Family Pension -cum -Gratuity Rules, 1964. Rule 22(a)(i) is extracted hereunder: