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2000 Supreme(SC) 1509
SUPREME COURT OF INDIA
G. B. PATTANAIK, JJ
STATE OF ORISSA
Vs.
Prativa Ghosh
September 13, 2000
Entitlement to pension and family pension is subject to the provisions of the relevant notification and the exercise of the option provided therein.
Headnote:
Pension - Family Pension - Notification enabling switch over to family pension after retirement - Arrear pension granted to wife - Family pension upheld by the court
Fact of the Case:
The deceased husband, a Head Master of a taken over school, had opted for a contributory provident fund scheme and received retiral benefits. A subsequent notification allowed switch over to family pension, but the husband had already died by then. The wife filed for arrear pension and family pension, which was granted by the Tribunal.
Finding of the Court:
The court set aside the direction to pay arrear pension to the deceased husband, as it was not in accordance with the law. However, the court upheld the grant of family pension to the wife, clarifying that it would be payable from the date of the tribunal's order and not from an earlier point of time.
Issues: Entitlement to arrear pension and family pension after the husband's death, interpretation of the subsequent notification enabling switch over to family pension, and the effect of the husband's retirement under the contributory provident fund scheme.
Ratio Decidendi: The court held that the deceased husband would not be entitled to claim pension or family pension unless the subsequent notification gave such an option and the option was exercised. The court also clarified the effective date for the payment of family pension to the wife.
Final Decision: The court set aside the direction to pay arrear pension to the deceased husband but upheld the grant of family pension to the wife, specifying the effective date for payment.
( 1 ) THIS appeal by the State of Orissa is directed against the order of the Orissa Administrative Tribunal granting arrear pension of the deceased husband and also family pension to the wife. It appears that the 5 husband was a Head Master of taken over school and had opted for contributory provident fund scheme and on his retirement, got the retiral benefits. But a subsequent notification of the State Government enabled the husband to 10 switch over to the family pension. By that time, husband had already died. The wife, therefore, filed the application before the Tribunal and the Tribunal has directed for grant of arrear pension as well as family pension to the wife. 15 Once the husband has retired with the contributory provident fund scheme in force, and having got the retiral benefits, ordinarily would not be entitled to claim pension or family pension, unless the subsequent notification gives such option, and option is exercised. But, unfortunately, by the time subsequent notification was issued, the husband had already died. Therefore, the direction of the Tribunal to pay the arrear pension of the deceased-husband does not appear to be in accordance with law, and we accordingly set aside that part of the order. But since the Tribunal has granted family pension in favour of the wife, we are not inclined to interfere with the said part of the order of the Tribunal, but we make it clear that the family pension would be payable to the wife with effect from the date of the order dated February 24, 1997 and not from any earlier point of time.
( 2 ) THE appeal is disposed of accordingly.
