DAMODAR VALLEY CORPORATION Vs. RAMESHWAR PRASAD

JUDGEMENT

(1.) The present appeal is directed against the order dated 5.12.2008 passed in W.P. (S) No. 5674 of 2003, whereby the appellants-corporation have been directed to pay the the family pension in accordance with law.

(2.) Brief facts of the case are that, late Raj Kumari was issueless widow and she had no family member to look after her. She adopted the respondent-writ petitioner in the year, 1987 while he was aged about 10 years and executed a deed of Gift in favour of the respondent on 05.01.1987 for payment of Gratuity, Provident Fund ex-gratia etc. in case of her death. On 17.06.1987, late Raj Kumari made a representation to the appellants-corporation and introduced the respondent as her nominee for her C.P.F Account No. W-7544, which was duly accepted by the appellants-corporation vide its letter No. 2942 dated 03.02.1988.

(3.) Late Raj Kumari retired from service of the appellants-corporation on 31.07.1994 and the C.P.F amount was paid to her but before finalization and payment of other retiral benefits she died on 08.02.1996 in the D.V.C, C.T.P.S Hospital due to serious illness. Thereafter, the appellants-corporation, vide letter No. AP/9432/2125 dated 03.12.1996 directed the respondent to submit the death certificate and also the succession certificate from the competent Court for being entitled to receive D.C.R.G, commuted value and pension due in respect of late Raj Kumari.