Dismissal orders against a missing employee are null and void; dependents are entitled to family pension and benefits upon proof of death.

ORDER (ORAL)

Hon’ble Mr. Manish Garg, Member (J):-

In the present Original Application, filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has prayed for the following relief(s):

“(a) Issue declaration to the effect that the Order dated 01/11/2006 has been issued against a dead person, therefore declare the same as illegal, and Null and Void from the date it was passed.

(b) Direct the respondents to sanction and grant family pension to the applicant wef 14/11/2004 i.e. the date the husband of the applicant has been presumed to be dead and release all other terminal benefits of her husband such as amount of GPF, CGEIS claim, leave encashment, gratuity and pay and allowances if any etc along with interest @ 18% p.a. till payment.

(c) Issue any other order as may be deemed just and proper in the facts and circumstances of the case.

(d) Award Cost”

2. Highlighting the facts of the case learned counsel for the applicant submits that the applicant is widow of Late Mange Ram Khatri. The husband of the applicant was reported missing w.e.f. 14.11.2004. The husband of the applicant was appointed as Driver on 23.11.1990 and was serving till 14.11.2004, i.e. the date of his missing. He further submits that a report was lodged in the Police Station, Narela, Delhi about the missing of the husband of the applicant on 20.11.2004. The applicant vide her representation dated 02.05.2005intimated the respondents about the missing of her husband which has been duly received by the respondents.

After 7 years of the missing of Mange Ram Khatri, the son of the deceased Govt. employee submitted an application to the SDM, Narela, Delhi for issue of Death Certificate. The Executive Magistrate, Narela, Delhi, after being satisfied with the Bailiff report and Police report etc issued an order dated 30.12.2011 to the Zonal Health Officer, MCD to issue Death Certificate to the applicant. Thereafter, the Municipal Corporation of Delhi issued a Death certificate dated 06.01.2012 to the applicant of her husband Late Mange Ram Khatri, wherein the date of death has been mentioned as 14.11.2004, i.e., the date of his missing as per rule and law. He further submits that on receipt of death certificate, the applicant submitted a representation dated 10.01.2012 along with a death certificate of her husband to the respondents to consider her case for grant of family pension and other dues of her husband. Learned counsel for the applicant further submits that the applicant reported to the office of the respondents to know about the status of her family pension etc, she was informed that her husband has been dismissed from service vide order dated 01.11.2006. The applicant submitted another representation dated 11.02.2012 to the respondents and requested for grant of family pension and dues of her deceased husband. However, it is of no avail. The applicant again submitted an application dated 22.11.2017 seeking certain information with regard to her husband, which has been replied vide letter dated 11.12.2017, which reads as under:

Subject: Information under Right To Information Act-2005.

The information as asked vide your application dated 22.11.2017 is as under: