In a significant legal battle, Ritu Jain has taken on Central Bank of India regarding the release of family pension. The Delhi High Court has delivered a crucial judgement in this case, shedding light on the rights of unmarried daughters of deceased pensioners. Find out more about the case and the court’s decision in this summary.
Facts
- The petitioner, Miss Ritu Jain, has been making representations since 15.12.2021 regarding the release of family pension as per the OM dated 06.09.2007.
- The family pension was initially being released in the name of the petitioner’s mother, late Smt. Nirmal Jain.
- Despite numerous representations and letters, there has been no response from the concerned departments.
- The petitioner filed the present petition due to inaction on the part of the concerned departments.
- An OM dated 06.09.2007 clarifies the eligibility criteria for family pension, including provisions for unmarried/ widowed/ divorced daughters above 25 years.
- The father of the petitioner, Sh. O. P. Jain, passed away in 2011, further complicating the matter.
- The respondents have failed to respond to the representation dated 15.12.2021, and have not filed a counter affidavit despite a year passing.
- The family pension is still not being released in favor of the petitioner, even after the demise of her mother in February 2021.
- A counter affidavit from Central Bank of India acknowledges the petitioner’s entitlement to family pension as an unmarried daughter of a deceased Central Government Pensioner.
Arguments
- Petitioner submitted a representation on 15.12.2021 regarding the issuance of a New PPO for family pension.
- The respondent bank, as an agent of Payment Pension authority, is not empowered to disburse the family pension to the petitioner until a New PPO is issued to the bank.
- Respondent No 3 has no objection to issuance of the New PPO in favor of the petitioner and undertakes to disburse the family pension upon receipt of the New PPO from Respondent No 1 & 2.
- Despite a passage of three years, there has been no action taken by the respondents in respect of releasing family pension to the petitioner.
Analysis
- The petitioner is entitled to receive family pension from Central Bank of India Green Park Branch, New Delhi by virtue of PPO No 255917800113 issued by Pay and Account Office New Delhi in her favour.
- The petitioner, being the unmarried daughter of Late Shri. OP Jain, is entitled to the family pension following the demise of her mother Late Smt. Nirmal Jain on 18/2/2021.
- Respondent no. 3 has no objection to issuing a new PPO in favour of the petitioner and will disburse the family pension upon receipt of the new PPO from the concerned parties.
- The representation was pending for too long.
- The delay in resolving the representation was unreasonable.
- Proper action should have been taken earlier.
- The representation should have been addressed in a timely manner.
Decision
- The petitioner is entitled to a personal hearing before the Competent Authority.
- The Competent Authority must provide the petitioner with the option of a video conferencing mode for the hearing.
- The petitioner is facing medical ailments and is not able to leave the house easily.
- The date, time, and venue of the hearing must be communicated well in advance by the Competent Authority.
- The Competent Authority should consider the documents submitted and the OM dated 06.09.2007.
- The representation submitted by the petitioner must be disposed off within one week.
- The petitioner can involve an authorized person for representation and join via video conferencing during the hearing.
- The Competent Authority of the Department Of Development Commissioner, Small And Medium Enterprises (MSME) must consider the petitioner’s representation dated 15.12.2021.
Case Title: GEETA JAIN Vs. PAY AND ACCOUNTS OFFICER, MINISTRY OF MSME (FORMERLY MINISTRY OF SMALL-SCALE INDUSTRIES) & ORS. (2024:DHC:4578)
Case Number: W.P.(C)-11262/2023
