Back
2025 Supreme(Online)(CAT) 11563
CENTRAL ADMINISTRATIVE TRIBUNAL
Mr. Manish Garg, J, Dr. Anand S. Khati, A
Smt. Suruchi – Appellant
Versus
Delhi Metro Rail Corporation Ltd. – Respondent
O.A. No.3951/2023
For the Appellants/Petitioners: Mr. Ratnesh Bansal
For the Respondents: Mr. Amit Sinha
Entitlement of a widow to pension and statutory benefits is established, irrespective of competing claims or the existence of a will.
Headnote:(A) Administrative Law - Central Administrative Tribunal - Jurisdiction regarding service and pension benefits - Applicant’s claim for release of terminal service benefits - The Court ruled that family pension and gratuity are not subject to wills and must be provided to the legal heir. (Paras 6.3, 6.4)
(B) Rights of Widow - The applicant, being the legally wedded wife of the deceased, is entitled to pension and insurance benefits without the necessity of a succession certificate based on applicable DMRC Rules. (Paras 2.1, 2.6)
Facts of the case:
The applicant, widow of Vishal Aggarwal, sought terminal benefits after his demise. The respondents withheld benefits citing a disputed will and requiring a succession certificate. The applicant argued for wrongful denial.
Findings of Court:
The Court found no legal need for a succession certificate and ordered the release of benefits based on the widow’s legal status and nomination as per established statutory regulations ruling in favor of the applicant.
Issues: The Court addressed the legality of withholding pension and service benefits based on a purported will and the applicant’s entitlement as a dependent family member.
Ratio Decidendi: The Court asserted that service benefits like pension and gratuity are statutory entitlements of the widow and cannot be denied based on claims of a will or necessity of a succession certificate.
Result: O.A. is allowed to this limited extent, with direction to release the dues within two months.
| Table of Content |
|---|
| 1. facts detailing the applicant's status and claim. (Para 2) |
| 2. respondent's defense against the applicant's claims. (Para 3) |
| 3. court's findings regarding service benefits and claims. (Para 5) |
| 4. final decision regarding the release of benefits to the applicant. (Para 7) |
ORDER
Hon’ble Mr. Manish Garg, Member (J)
In the present case, the applicant seeks the following reliefs:
“(a) The respondent may direct to release the reaming service benefits like pension/family pension, Gratuity/ death Gratuity, fund of insurance/group insurance and all other service benefits of her late husband namely Vishal Aggarwal in favour of petitioner/applicant without insisting the applicant/petitioner to obtained succession certificate with her appointment on compensate ground in place ofher late husband thereby to quash and set aside the impunged order/letter dated. 14.08.2023 (Annexure A-1).
(b) To award costs in favour of the applicant and against the respondents.
(c) pass any other order(s), in favour of the applicants, which this Hon'ble Tribunal may deems fit and proper under the facts and circumstances of case as well as in the interest of justice.”
2. The brief facts of the case as narrated by the learned counsel for the applicant are as under:
2.1. The applicant is the legally wedded wife of Late Vishal Aggarwal, who was serving as a Customer Relations Assistant (CRA) with the Delhi Metro Rail Corporation Ltd. (DMRC) in the non-executive category, drawing a pay scale of Rs. 37,000–1,15,000/- at the time of his unfortunate and untimely demise. The marriage between the applicant and the deceased was duly solemnized in accordance with Hindu rites and customs, and the same has never been annulled or challenged. The applicant has never re-married and continues to live as the widow of the deceased employee. The husband of the applicant passed away intestate, without executing any will or testament. He left behind no adopted children, biological children, or surviving parents. The applicant is the only surviving legal heir and was also nominated by the deceased in official records to receive all service-related and financial benefits.
2.2. After the sudden demise of her husband, the applicant, being wholly dependent on the deceased, was left in a state of extreme financial and emotional distress. At the time of his death, the applicant was below 30 years of age, unemployed, and had no independent source of livelihood, despite being educated and eligible for employment. She is now surviving in near-starvation conditions, without any meaningful financial support, and is in dire need of assistance from the employer of her late husband.
2.3. Soon after the death of Late Vishal Aggarwal, the applicant approached the respondents for release of the terminal benefits, including family pension, gratuity, group insurance, leave encashment, and other dues, as well as for appointment on compassionate grounds, in accordance with the applicable DMRC Rules, CCS Pension Rules , and Government directives. The applicant submitted all required documentation, including her identification, proof of marriage, Family ID issued by the Government of Haryana (Annexure A-9), and a Mutation Certificate (Annexure A-11) confirming her status as the sole heir. However, instead of granting her rightful dues, the respondents arbitrarily withheld the same, citing an alleged will dated 08.09.2020, purportedly executed by the deceased employee. The applicant categorically submits that the said will is a forged and fabricated document, never executed or signed by her late husband. An FIR bearing No. 58/2023 (Annexure A-8) has already been registered against the alleged beneficiary and the concerned Tehsildar for creation of such false documents.
2.4. Learned counsel further submitted that family pension, gratuity, and group insurance are not part of the estate of a deceased employee and cannot be the subject of a will. In view of binding judgments of the Hon’ble Supreme Court,
