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Judgment
Permod Kohli, J
This OA was filed by Maya Devi widow of late D. R. Tanwar, claiming following reliefs:
"8.1 The respondents be directed to release all the legitimate dues e.g. arrears of salaries, GPF amount, gratuity, leave encashment, insurance amount, commutation of pension, arrears of family pension etc. in favour of the applicant.
8.2 Cost of the proceedings may be allowed.
8.3 Any other order(s) as deemed fit and proper to secure the ends of justice may be passed."
The above reliefs are being claimed on account of the services rendered by the late husband of Maya Devi.
Counter has not been filed. Right to file counter stands closed in terms of the order dated 21.11.2017.
The facts as are mentioned in the OA are that the husband of Maya Devi was employed as Sales Tax Inspector w.e.f. 02.04.1959. On completion of three years of service he was declared as quasi permanent in the same capacity and placed in the pay scale of Rs.210-10-290-15-320-EB-15-380 w.e.f. 01.07.1965 vide letter dated 06.10.1965 (Annexure A-1). The applicant has placed on record pay slip of her deceased husband for the month of February, 1974. His emoluments have been worked out as under:
Monthly rate (Rs.
Amount (Rs.)
PA
450.00
450.00
DA
164.00
164.00
HRA
85.50
85.50
CCA
45.60
45.60
IR
50.00
50.00
Addl. DA
20.00
20.00
Total
815.10
Less GPF @Rs.200/- p.m.
200.00
Net claim
615.10
Less Income-tax @ Rs.10/- per month
10.00
Net amount payable
605.10
Another certificate dated 31.01.1975 has been placed on record wherein the pay of the applicant's deceased husband has been mentioned as Rs.1290/-. It is also stated that compulsory deduction was made on account of GPF from his salary. His GPF account number is stated to be DLH/CR/RS/581. Even the above pay slip reveals deduction of Rs.200/- per month towards GPF against the aforesaid account.
According to the pleadings, a memorandum dated 19.10.1974 was issued to late D. R. Tanwar while he was posted as Food & Supplies Officer, asking him to show cause within ten days why disciplinary proceedings be not initiated against him for gross negligence and dereliction of duties. Later, vide another memorandum dated 19.11.1975 some adverse remarks/warning were recorded in his service record. Said D. R. Tanwar, however, died on 24.09.1988 while in service. After his death, Maya Devi, the widow, made a representation dated 23.03.2000 followed by reminders dated 17.04.2000 and 20.06.2000 claiming legitimate dues like arrears of salary, GPF amount, gratuity, leave encashment, insurance amount and family pension with effect from the date of death of the late Government servant. Having received no response, present OA has been filed claiming the aforementioned relief.
In the OA itself, the widow of the deceased Government servant has mentioned that their only son Ashok Tanwar also died. Since this OA remained pending, it appears that Maya Devi, the widow of D. R. Tanwar also died, and an application for impleadment was made by the legal heirs of Ashok Tanwar, who were the surviving legal representatives of Maya Devi. They were brought on record vide order dated 09.06.2015. As per the amended memo of parties, Smt. Kanchan Twnwar widow of late Ashok Tanwar, Shri Nimish Tanwar and Shri Jitin Tanwar, sons of late Ashok Tanwar, are the legal representatives of the deceased applicant, and eventually of the deceased Government servant, namely, D. R. Tanwar.
The allegations in the OA remain unrebutted. The documents annexed with the OA and referred to hereinabove establish that late D. R. Tanwar was working as Inspector, Sales Tax with the respondent department. He was contributing towards GPF. He rendered services from 02.04.1959 to 24.09.1988, when he died. Present applicants who are legal heirs of the deceased Government servant are definitely entitled to unpaid salary, GPF contribution, gratuity, leave encashment, insurance, if any, and family pension, if the job of the deceased was pensionable. The pay slip placed on record does indicate deduction of GPF.
On the basis of the material on record, we dispose of this petition with a direction to the respondents to work out all the admissible dues payable to the deceased Government servant during the period he remained in service and after his death, the pensionary benefits which are payable according to rules. Let the entire exercise be completed within a period of four months and the admissible amount released to the applicants within a period of one month thereafter.