BALMIKI KACHHI Vs. MUNICIPAL CORPORATION JABALPUR

JUDGEMENT

(1.) THE dispute in the writ petition pertains to the payment of commuted pension; interest on retiral dues and payment of revised pension with effect from 1-1-1996.

(2.) MOTHER of the petitioner, namely, Duyajee Bai was in the service of Municipal Corporation, Jabalpur; she served as a Gardner; she retired on 30th June, 97 and died on 16th July, 1998, Immediately on her retirement, she applied for commutation of pension to the extent of 1/10th which amounted to approximately about Rs. 20,000/ -. She applied for commutation of pension immediately after retirement and also submitted his grievance as per Annexure P-2 on 31-1-98. Petitioner claims himself to be the sole nominee to receive the commuted value and other retiral dues. Petitioner filed representation; gratuity amount of Rs. 3,218/- was received in the month of September/october, 1999; whereas it should have been paid in July, 1997. Petitioner claims interest on the belated payment of gratuity; the payment of commuted value of l/10th pension and payment of arrears of salary for the period 1-1-96 to 30th June, 97 due on account of revised pay scale made effective from 1-1-19%; and payment of arrears of revised pension and interest at the rate of 18% per annum.

(3.) THE respondents state that since the deceased/employee died before the commuted value could be paid to her, hence petitioner being nominee is not entitled to claim the commuted value as no authority letter was issued before the death of the employee. It is not controverted in the writ petition that the deceased employee was entitled to the revised pay scale with effect from 1-1-96 till her death. With respect to arrears of pension, it is submitted that no pensioner has been extended the said benefit; the matter is under consideration before the competent authority; and since the amount involved is huge, no decision has been taken till date. It is, however, submitted that as soon as the decision for release of arrears is taken, the same shall be paid to the petitioner without any delay. It has not been disputed that the deceased was entitled for the revised pension. After hearing learned counsel for the parties, I am of the opinion that writ petition deserves to be allowed in part.