whether family members of misssing employee can claim family pension etc., ? her husband, who was missing for last seven years, may be deemed not to be alive, the respondent approached the petitioners for grant of terminal benefits, pension/family pension etc.= the scope of grant of retiral benefits to family members of a missing employee as provided in OM No.F.No.1/17/2011-P&PW(E), dated 24/25.06.2013 issued by the Department of Pension and Pensioners Welfare, which reads as follows: “4. In the case of a missing employee/pensioner/family pensioner, the family can apply for the grant of family pension, amount of salary due, leave encashment due and the amount of GPF and gratuity (whatever has not already been received) to the Head of office of the organisation where the employee/pensioner had last served, six months after lodging of police report. The family pension and/or retirement gratuity may be sanctioned by the Administrative Ministry/Department after observing the following formalities:- (i) The family must lodge a report with the concerned Police Station and obtain a report from the Police, that the employee/pensioner/family pensioner has not been traced despite efforts made by them. The report may be a First Information Report or any other report such as a Daily Diary/General Diary Entry (ii) An Indemnity Bond should be taken from the nominee/dependants of the employee/pensioner/family pensioner that all payments will be adjusted against the 4 payments due to the employee/pensioner/family pensioner in case she/he appears on the scene and makes any claim. 5. In the case of a missing employee, the family pension, at the ordinary or enhanced rate, as applicable, will accrue from the expiry of leave or the date up to which pay and allowances have been paid or the date of the police report, whichever is later. In the case of a missing pensioner/family ‘pensioner, it will accrue from the date of the police report or from the date immediately succeeding the date till which pension/family pension had been paid, whichever is later. 6. The retirement gratuity will be paid to the family within three months of the date of application. In case of any delay, the interest shall be paid at the applicable rates and responsibility for delay shall be fixed. The difference between the death gratuity and retirement gratuity shall be payable after the death of the employee is conclusively established or on the expiry of the period of seven years from the date of the police report.” In similar circumstances, Delhi High Court in W.P.(C) No.1577 of 2016 had granted full pension to the eligible family members of the deceased employee. Relying on the aforesaid proposition of law and applying it to the factual matrix of the case, the Tribunal had granted necessary relief to the respondent widow. We do not find any reason to interfere with the well reasoned order passed by the Tribunal.

whether family members of misssing employee can claim family pension etc., ?

her husband, who was missing for last seven years, may be deemed not to be alive, the respondent approached the petitioners for grant of terminal benefits, pension/family pension etc.= the scope of grant of retiral benefits to family members of a missing employee as provided in OM No.F.No.1/17/2011-P&PW(E), dated 24/25.06.2013 issued by the Department of Pension and Pensioners Welfare, which reads as follows: “4. In the case of a missing employee/pensioner/family pensioner, the family can apply for the grant of family pension, amount of salary due, leave encashment due and the amount of GPF and gratuity (whatever has not already been received) to the Head of office of the organisation where the employee/pensioner had last served, six months after lodging of police report. The family pension and/or retirement gratuity may be sanctioned by the Administrative Ministry/Department after observing the following formalities:- (i) The family must lodge a report with the concerned Police Station and obtain a report from the Police, that the employee/pensioner/family pensioner has not been traced despite efforts made by them. The report may be a First Information Report or any other report such as a Daily Diary/General Diary Entry (ii) An Indemnity Bond should be taken from the nominee/dependants of the employee/pensioner/family pensioner that all payments will be adjusted against the 4 payments due to the employee/pensioner/family pensioner in case she/he appears on the scene and makes any claim. 5. In the case of a missing employee, the family pension, at the ordinary or enhanced rate, as applicable, will accrue from the expiry of leave or the date up to which pay and allowances have been paid or the date of the police report, whichever is later. In the case of a missing pensioner/family ‘pensioner, it will accrue from the date of the police report or from the date immediately succeeding the date till which pension/family pension had been paid, whichever is later. 6. The retirement gratuity will be paid to the family within three months of the date of application. In case of any delay, the interest shall be paid at the applicable rates and responsibility for delay shall be fixed. The difference between the death gratuity and retirement gratuity shall be payable after the death of the employee is conclusively established or on the expiry of the period of seven years from the date of the police report.” In similar circumstances, Delhi High Court in W.P.(C) No.1577 of 2016 had granted full pension to the eligible family members of the deceased employee. Relying on the aforesaid proposition of law and applying it to the factual matrix of the case, the Tribunal had granted necessary relief to the respondent widow. We do not find any reason to interfere with the well reasoned order passed by the Tribunal.

AP HIGH COURT

THE HON’BLE SRI JUSTICE JOYMALYA BAGCHI

AND

THE HON’BLE SRI JUSTICE A.V.SESHA SAI

WRIT PETITION No.4332 of 2021

1.The Senior Superintendent of Post Offices and others

-VERSES-

Smt.M.Kumari

(Taken up through video conferencing)

ORDER: (Per Hon’ble Sri Justice Joymalya Bagchi)

Order dated 09.01.2020 in O.A.No.20/757/2019 passed by

the Central Administrative Tribunal, Hyderabad Bench, (for short,

‘the Tribunal’) directing the petitioners to grant pension to the

respondent from 06.10.2000 to 05.10.2007 and other retrial

benefits and thereafter, family pension to her as per Rules by

reckoning the date of missing as 06.10.2000 is the subject matter

of challenge.

The husband of the respondent was working as Postal

Assistant. He went missing on and from 06.10.2000. The

respondent sent a complaint to the police station on 14.05.2015 by

registered post, but no steps were taken. Accordingly, she

approached Judicial First Class Magistrate, Parchur with a prayer

for initiation of investigation under Section 156(3) of Cr.P.C.

Pursuant to the order passed by the Magistrate, the police

undertook investigation and submitted a report whereupon the

learned Magistrate by order dated 14.11.2017 recorded as follows:

“The Defacto Complainant/ Madugula Kumari, w/o. Ravi

Kumar has filed a report in this Court and the same was

forwarded to the S.H.O. Inkollu PS for investigation and report

about missing of Ravi Kumar. Police have conducted investigation

and filed a refer report as “Action Dropped” as the missing man is

not traced. As per Section 108 of the Indian Evidence Act, 1872,

the burden of proving that a person, who is unheard for 7 years

by his close relatives and friends is alive, is on the person who

asserts that he is alive. Nobody is asserting that Madugula Ravi 

 2

Kumar is alive. He is unheard from October 2000. So, this Court

is bound to presume that missing man is no more. Hence, the

refer charge sheet filed by Police can be accepted.”

In view of the aforesaid finding of the Magistrate that her

husband, who was missing for last seven years, may be deemed

not to be alive, the respondent approached the petitioners for grant

of terminal benefits, pension/family pension etc. Petitioners

denied such relief, hence the respondent was constrained to

approach the Tribunal. The Tribunal after hearing the parties and

referring to OM No.F.No.1/17/2011-P&PW(E), dated

24/25.06.2013 of the Department of Pension and Pensioners

Welfare passed the aforesaid direction.

Learned Assistant Solicitor General argues that there is no

clear finding that the respondent’s husband is missing. On the

other hand, he had absconded from duty and proceedings had

been initiated against him. Hence, the order requires to be set

aside.

We have given anxious consideration to such submission in

the light of the facts on record. Admittedly, the husband of the

respondent was missing on and from 06.10.2000. Proceedings

were initiated ex parte and his services were unilaterally

terminated on 29.07.2005 without service of charge memo upon

the employee.

It is apposite to note that the so-called order of termination

was void abinitio as no notice including charge memo had been

served upon the employee in the manner as contemplated under

the Central Civil Services (Classification, Control & Appeal) Rules

(for short, ‘CCS (CCA) Rules’). No effort had been made to publish 

 3

notice in respect of the charge memo in accordance with CCS

(CCA) Rules, particularly, Chapter 12 thereof requiring publication

of charge memo or gist thereof in the local newspaper or uploading

the same in the website of the organisation or pasting it in the

notice board of the organisation.

On the other hand, police investigation showed that the

employee was missing and pursuant to such investigation, the

Judicial First Class Magistrate passed order on 14.11.2017 that

the missing person, who was unheard for the last seven years, may

be deemed to have died. The aforesaid factual matrix clearly falls

within the scope of grant of retiral benefits to family members of a

missing employee as provided in OM No.F.No.1/17/2011-P&PW(E),

dated 24/25.06.2013 issued by the Department of Pension and

Pensioners Welfare, which reads as follows:

“4. In the case of a missing employee/pensioner/family

pensioner, the family can apply for the grant of family pension,

amount of salary due, leave encashment due and the amount of

GPF and gratuity (whatever has not already been received) to the

Head of office of the organisation where the employee/pensioner

had last served, six months after lodging of police report. The

family pension and/or retirement gratuity may be sanctioned by the

Administrative Ministry/Department after observing the following

formalities:-

(i) The family must lodge a report with the concerned Police

Station and obtain a report from the Police, that the

employee/pensioner/family pensioner has not been traced

despite efforts made by them. The report may be a First

Information Report or any other report such as a Daily

Diary/General Diary Entry

(ii) An Indemnity Bond should be taken from the

nominee/dependants of the employee/pensioner/family

pensioner that all payments will be adjusted against the 

 4

payments due to the employee/pensioner/family pensioner

in case she/he appears on the scene and makes any claim.

5. In the case of a missing employee, the family pension, at

the ordinary or enhanced rate, as applicable, will accrue from the

expiry of leave or the date up to which pay and allowances have

been paid or the date of the police report, whichever is later. In the

case of a missing pensioner/family ‘pensioner, it will accrue from

the date of the police report or from the date immediately

succeeding the date till which pension/family pension had been

paid, whichever is later.

6. The retirement gratuity will be paid to the family within

three months of the date of application. In case of any delay, the

interest shall be paid at the applicable rates and responsibility for

delay shall be fixed. The difference between the death gratuity and

retirement gratuity shall be payable after the death of the employee

is conclusively established or on the expiry of the period of seven

years from the date of the police report.”

In similar circumstances, Delhi High Court in

W.P.(C) No.1577 of 2016 had granted full pension to the eligible

family members of the deceased employee. Relying on the

aforesaid proposition of law and applying it to the factual matrix of

the case, the Tribunal had granted necessary relief to the

respondent widow. We do not find any reason to interfere with the

well reasoned order passed by the Tribunal.

The Writ Petition is accordingly dismissed. No order as to

costs. As a sequel, Miscellaneous Petitions, if any, pending in the

Writ Petition shall stand closed.

______________________________

JUSTICE JOYMALYA BAGCHI

__________________________

JUSTICE A.V.SESHA SAI

Date: 23.02.2021

Ivd