Srinagar, Nov 1: Observing that pension is not a bounty but a right of an employee, the Central Administrative Tribunal (CAT) in Srinagar has directed Bharat Sanchar Nigam Limited (BSNL) and the Life Insurance Corporation of India (LIC) to settle the superannuation pension claim of a widow and her two minor children within six weeks.
A bench of Judicial Member M S Latif ordered the settlement of the claim while deciding a plea by Irfana Salam, wife of late Sheikh Muhammad Altaf, a Sub-Divisional Engineer in BSNL who died due to COVID-19 on May 16, 2021, while in service.
In her plea, Irfana had sought the Tribunal’s intervention for the release of the Employees’ Provident Fund (EPF) and BSNL Superannuation Pension benefits in favour of herself and her two minor sons.
The case arose after the pensionary benefits of the deceased employee remained unsettled despite a civil court’s order dated September 17, 2021, wherein release of service benefits to the persons entitled to receive them was ordered under the rules and in accordance with a compromise between the parties.
The Tribunal observed that BSNL and LIC had not disputed Irfana’s status as the deceased employee’s wife or the fact that two minor children were born out of wedlock. It was also brought to the Tribunal’s notice that the applicant and her children had been declared dependents of the deceased through a certificate issued by the Deputy Commissioner’s Office, Srinagar, on February 17, 2022.
The Tribunal, while emphasising the legal status of pensionary benefits, noted that pension is not a bounty but a right of an employee. Depriving the family or dependents of such benefits under service rules or an applicable scheme would violate constitutional protections, it observed.
Referring to Supreme Court judgments, including Deokinandan Prasad v State of Bihar and D S Nakara v Union of India, the Tribunal reiterated that family pension must be released strictly in accordance with the governing scheme.
During the proceedings, counsel appearing for BSNL and LIC expressed no objection to disposal of the matter in accordance with the applicable rules and pension scheme.
The Tribunal directed BSNL and LIC to process and settle the superannuation pension claim within six weeks positively. It made clear that the official respondents would have no power to extend the stipulated period and would have to seek the Tribunal’s permission if an extension became necessary.
