The interpretation of rules and provisions related to the renewal of membership for beneficiaries and the conditions for the release of pension and other benefits, as well as the applicability of interest on delayed benefits, influenced the Court's decision.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.

2. The Petitioner is the widow of Late Sh. Riyasat Ali who was a construction worker and who passed away on 25th August, 2019. The prayer in the present petition is for the issuance of a direction to the Delhi Building and Other Construction Workers Welfare Board (hereinafter `the Board') for releasing the death and funeral benefits applicable under Rule 277-279 of the Delhi Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2002 (hereinafter `the Rules') as also Maternity benefit under Rule 271 of the Rules.

3. The case of the Petitioner is that the applications have been filed way back in 2018 for payment of maternity benefit and in 2019 upon the demise of her husband for payment of death benefit and funeral assistance. However, the case of the Petitioner is that both claims have not been processed and granted by the Respondent.

4. Vide order dated 1st December, 2022, ld. Counsel for the Respondents were directed to seek instructions and process the claims which were not processed as also release payments in accordance with law. The relevant extract of the said order is extracted as under:

"6. Ld. counsel appearing for the Respondent submits that he will seek instructions, both in respect of principal claims as also the interest and file the status report by the next date of hearing.

7. List on 15th February, 2023.

8. It is directed that if the claims have not been processed, the same shall be processed and payments shall be released in accordance with law by the next date of hearing."

5. On 15th December, 2022, ld. Counsel for the Respondents submitted that the claims of the Petitioner were processed and orders would be placed on record for the same.

6. A counter affidavit dated 28th February, 2023 has been filed by the Respondent No. 1-Board. In the said counter affidavit, a copy of the sanction order dated 6th February, 2023 for death and funeral benefits has been annexed. With regards to the claim for maternity benefits, it has been stated that a deficiency letter dated 29th December, 2022 has been issued by the Board to the Petitioner. In addition, the counter affidavit records that the Board were short-staffed as most of them were engaged in the MCD Elections, which is why there has been a delay in processing of the claims. However, it is also claimed that the Petitioner has fulfilled the essential requirement of live photography only on 19th January, 2023.

7. In the rejoinder to the Counter Affidavit, the Petitioner claims that the officials of the Board were not allowing her to submit the claim for death and funeral benefits. It has been averred that she had to run pillar to post since 25th August, 2019, for the same. The relevant extract of the Rejoinder is extracted as under:

"5. The contents of para no. 4 need no reply. However, it is pertinent to note that the Petitioner had been running from pillar to post eversince 25.08.2019 for filing the claim applications under Rule 277-279. Due to writ-large arbitrariness on part of Respondent No. I's officials, the same was not being allowed to be filed. The Petitioner was constrained to engage a legal counsel in 2022 for filing her claim applications. On 05.08.2022, the Petitioner had to make a representation to the Respondent No. 1's secretary through her legal counsel. Only after the said representation was made, the Respondent No. 1's officials allowed the filing of the claim applications. Yet, the sanction order for death and funeral assistance was issued by the Respondent No. I only on 06.02.2023 with a significant delay of almost five months...."

8. The Court has perused the record and heard ld. Counsels.

9. The present petition raises two issues. One of death and funeral benefits and another of maternity claims. Insofar as the death and funeral benefit is concerned, the same has been released on 6th February, 2020 after a delay