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Punjab-Haryana High Court
Union Of India And Another vs Richa Dewan on 23 March, 2021CWP No.18236 of 2020 1
(211) (Proceedings through V.C.)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.18236 of 2020
Date of Decision: 23.3.2021
Union of India and another …Petitioners
Versus
Ms.Richa Dewan and another … Respondents
CORAM:- HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
HON’BLE MR. JUSTICE ASHOK KUMAR VERMA
Present: Mr.Praveen Chander Goyal, Advocate for the petitioners
Mr.Rupam Aggarwal, Advocate for respondent no.1
ASHOK KUMAR VERMA, J.
1. The petitioners-Union of India have approached this Court
through this writ petition invoking extraordinary writ jurisdiction under
Articles 226/227 of the Constitution of India praying for issuance of a writ in
the nature of Certiorari for quashing the order dated 5.9.2019 (Annexure P-
5) passed by the Central Administrative Tribunal, Chandigarh Bench (for
short ‘the Tribunal’) whereby the Original Application (OA) filed by
respondent-Richa Dewan for release of arrears of pay and allowances on
account of retiral benefits accrued on retirement of her late husband was
allowed and respondent-Richa Dewan has been held entitled to interest at the
rate as applicable to GPF from the date the amount became due to the actual
date of payment within a period of one month. It is to be noticed that at the
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time of issuance of notice of motion, learned counsel for the petitioners
confined the dispute only to the extent of award of interest, which is
reflected in the order dated 2.11.2020 passed by a co-ordinate Bench of this
Court.
2. Briefly, the facts as culled out from the present writ petition are
that respondent-Richa Dewan is a widow. Her late husband- Arun Dewan
was placed as Additional Commissioner of Income Tax, Indore who was
murdered on 10.06.2012 when he was posted at Indore. She was aggrieved
against the action of the authorities whereby her request for release of
arrears of pay and allowances, Death-cum-Retirement Gratuity on retirement
of her husband and other retiral dues has not been acceded to, by the Chief
Commissioner of Income Tax, Indore. Aggrieved against the inaction of the
authorities, respondent-Richa Dewan being the widow and legal heir of the
deceased employee approached the Tribunal with a prayer for release of
retiral dues like family pension and other service related benefits w.e.f
11.06.2012 along with interest at the rate of 18% per annum. However,
during the pendency of the Original Application before the Tribunal, the
department has released an amount of `63,17,739/- on account of DCRG,
encashment of leave, arrears of 6th and 7th CPC etc. The aforesaid amount
was paid to her by the authorities on different dates in the year 2018. As
such, the only issue which remained to be adjudicated by the Tribunal was
the award of interest to respondent-Richa Dewan from the date the amount
became due to the actual date of payment. The Original Application filed by
respondent-Richa Dewan was allowed vide order dated 05.09.2019 passed
by the Tribunal and the widow has been held entitled to interest at the rate as
applicable to GPF from the date the amount became due to the actual date of
payment. The department was further directed by the Tribunal to release the
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same to respondent-Richa Dewan within a period of one month. The
aforesaid order of the Tribunal has been challenged in this petition by
petitioners.
3. Learned counsel for the petitioners submits that they have
released the amount themselves during the pendency of the Original
Application, and therefore, no interest is liable to be paid to the widow. It is
further argued that No Objection Certificate from parents-in-law and
daughter of the deceased were required since the deceased had not
nominated anyone for family pension and gratuity. It is also argued that the
parents of the deceased wrote a letter dated 24.8.2016 stating therein that
respondent-Richa Dewan had deserted her husband w.e.f. 12.7.2004 i.e. 8
years before his murder took place. It is also argued that respondent-Richa
Dewan was responsible for his murder due to her illicit relations. It is further
argued that a legal notice for seeking divorce was also sent by her husband,
the deceased on 25.5.2012. Learned counsel for the petitioners submits that
due to all this, delay in payment of requisite dues has been caused.
4. On the other hand, learned counsel for respondent-Richa
Dewan submits that immediately after the death of her husband, she had
submitted the requisite documents to the authorities for release of pensionary
benefits of her deceased husband to her. Even NOC from her daughter was
submitted to the authorities by respondent-Richa Dewan. Even then the
retiral benefits were not released. Learned counsel submits that the
authorities acted in sheer violation of Rule 54(8) (ii) of the Central Civil
Services (Pension) Rules, 1972 (for short “the Rules of 1972”) which
clearly mandates that the widow or widower and in their absence, the child
is entitled for the family pension. The authorities have wrongly withheld
the retiral benefits of the deceased husband of the respondent on baseless
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grounds and bald allegations. Learned counsel for respondent submits that
all sort of allegations with respect to validity of marriage, desertion and
murder of her husband levelled against respondent-Richa Dewan were
concocted without any basis and evidence. Learned counsel further submits
that as far as the assertions with respect to murder of her deceased husband
are concerned, the same are completely baseless since the deceased was
murdered by his old driver and his companions, namely, Vayu Singh,
Lokender Singh and Omkar Singh as they were having the impression that
the deceased is having money lying at his home. Out of the aforesaid three
accused persons, two have been awarded life imprisonment and against the
third accused who was acquitted, the State has filed appeal which is pending
before the High Court of Madhya Pradesh. As such the allegations against
the respondent with respect to murder of her husband is totally baseless and
have no leg to stand. Learned counsel submits that it is a settled proposition
of law that even if there is a marital dispute between the spouses and there is
no nomination, the spouse is still entitled to the benefits of family pension.
The husband of the widow was murdered in the year 2012 and the
department only released the amount in the year 2018 and that too after
filing of the Original Application before the Tribunal.
5. We have anxiously considered the submissions of the learned
counsel for the parties and perused the paper-book.
6. The arguments raised by the learned counsel for the petitioners
pale into insignificance. The petitioners have acted in utter violation of the
rules in this regard by insisting on matrimonial discord, No Objection
Certificate and nomination etc. The axis of law on this aspect is very clear.
Rule 54 (8) (ii) of the Rules of 1972 clearly mandates that if a deceased
government servant or pensioner leaves behind a widow or widower, the
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family pension shall become payable to the widow or widower, failing
which to the eligible child. Furthermore, there is nothing on record to show
that respondent-Richa Dewan is not a legally wedded wife of the deceased
husband. It is an admitted fact that no decree of divorce existed between the
wife and husband. For the sake of argument, even if it is assumed that the
relationship between the spouses is not cordial and there is no nomination in
terms of the rules and instructions for grant of service related benefits of
wife or husband, even then the spouse is entitled to the retiral benefits of the
deceased spouse. This issue is no longer res integra. In the case of G.L
Bhatia Vs. Union of India and another, 1999 (5) SCC 237, the Hon’ble
Supreme Court was dealing with a similar circumstance wherein the sole
question that arose for consideration before the Hon’ble Supreme Court was
whether the appellant who happened to be the husband of the deceased
government servant, is entitled to family pension under the provisions of
Rule 54 (8) (ii) of the aforesaid Rules of 1972 notwithstanding the fact that
the deceased wife in her nomination did not include her husband. In this
situation, the Supreme Court observed that it is too well settled that where
rights of the parties are governed by statutory provisions, the individual
nomination contrary to the statute will not operate. Conclusively, the
Supreme Court held as under:-
“5.In the light of the aforesaid provisions and there being no
divorce between the husband and wife even though they might
be staying separately, the appellant husband would be entitled
to the family pension in terms of the rules as noted aforesaid
and the authorities, therefore, committed error in not granting
family pension to the appellant relying upon the nomination
made by the deceased wife of the appellant.”
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7. Similar view was taken by the Supreme Court in the case of
Smt. Violet Issac and Others Vs. Union of India & Others, 1991 (1) SCC
725 and Jodh Singh Vs. Union of India and another, 1980 (4) SCC 306.
The aforesaid pronunciation of law is fully applicable to the facts and
circumstances of the present case. In the present case, the authorities have
wrongfully acted and illegally withheld the retiral benefits of the husband of
the widow-respondent on flimsy and sketchy grounds. The allegations
levelled against the respondent-widow are totally bald and ornamental in
nature and have no leg to stand in the absence of any evidence on record.
Admittedly, the retiral benefits were released to the widow in the year 2018,
whereas it became due after the death of her husband in the year 2012. As
such the said retiral benefits containing a huge amount were kept withheld
by authorities for such a long time without any lawful reason, and therefore,
this Court cannot turn a nelson’s eye to the problems and harassments faced
by a hapless and helpless widow due to non-release of retiral benefits timely
to her and therefore, the petitioners cannot escape from imposition of the
liability of paying interest to the respondent-widow in order to compensate
her for the loss caused to her due to non-use of such a huge amount for a
long time.
8. There is no dispute in the proposition of law that a person who
has been deprived of the use of money should be compensated in that
behalf. Interest is nothing but another name for compensation for
deprivation. A person deprived of the use of money to which he is
legitimately entitled has a right to be compensated for the deprivation by
way of award of interest, as held by the Constitution Bench of the Supreme
Court in the case of Secretary, Irrigation Department, Government of
Orissa & Ors. Vs. G.C. Roy, AIR 1992 SC 732. The same principle has been
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reiterated by the Hon’ble Supreme Court in Union of India Vs. Justice S.S
Sandhawalia, (1994) 2 SCC 240 wherein it has been held as under:-
“4.Once it is established that an amount legally due to a party
was not paid to it, the party responsible for withholding the
same must pay interest at a rate considered reasonable by the
Court. Therefore, we do not see any reason to interfere with the
High Court’s order directing payment of interest at 12% per
annum on the balance of the death-cum-retirement gratuity
which was delayed by almost a year.”
9. Similar view has also been taken in Dr. Uma Agrawal Vs.
State of U.P and another, (1999) 3 SCC 438, Bal Kishore Mody Vs. Arun
Kumar Singh and others, (2001) 10 SCC 174, Ghaziabad Development
Authority Vs. Balbir Singh, (2004) 5 SCC 65 and S.K. Dua Vs. State of
Haryana and another, (2008) 3 SCC 44.
10. The aforesaid propositions of law are fully applicable to the
facts and circumstances of the present case. In the present case, admittedly,
the retiral benefits became due after the death of her husband of the widow-
respondent in the year 2012 whereas the same have been released to the
widow-respondent in the year 2018 and that too, after filing of the Original
Application before the Tribunal.
11. Apart from that, payment of retiral benefits is not an act of
charity or bounty doled out by the government to its employee, but an
indefeasible right of a government employee which is earned by him/her, in
recognition of his/her past services. Terminal benefits of a government
employee is a property under Article 300-A of the Constitution of India as
also a fundamental right to livelihood under Article 21 of the Constitution of
India. Any delay in release of such retiral benefits is fatal and has to be
viewed seriously. In the present case, the authorities have acted in sheer
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violation of the rules and well settled propositions of law. We are not
denuded to come to the rescue of a hapless and helpless widow of a
deceased government employee. In this view of the matter, the Tribunal has
rightly awarded the interest at the rate as applicable to the GPF from the
date, the amount became due till the actual date of payment and therefore,
we see no reason to interfere with the impugned order dated 5.9.2019
(Annexure P-5) passed by the Tribunal.
12. For the foregoing discussions, we find no merit in this petition
which is hereby dismissed.
(ASHOK KUMAR VERMA) (AUGUSTINE GEORGE MASIH)
JUDGE JUDGE
23.3.2021
MFK
Whether speaking/reasoned Yes
Whether Reportable Yes
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