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2025 Supreme(Online)(CAT) 11854
CENTRAL ADMINISTRATIVE TRIBUNAL
Mr. Anindo Majumdar, ACM
Sri Subhasis Ranjan Roy – Appellant
Versus
Union of India service through the Secretary, Ministry of Communication, Government of India – Respondent
O.A. 350/00618/2022
For the Applicant: Sk. S. H. Molla
For the Respondents: Mr. A. Sinha
The nominee of the deceased government employee is entitled to claim gratuity and insurance amounts as per established rules and nominations, emphasizing the importance of proper verification.
Headnote:(A) Administrative Tribunals Act, 1985; Central Civil Services (Pension) Rules; General Provident Fund (Central Services) Rules - Nominee Rights - The applicant, nominee of the deceased employee, claimed his entitled dues under pension and insurance schemes. The tribunal ruled the entitlement to grant payments to the nominee since all documents were valid following applicable rules. (Paras 6-12)
(B) Claim Verification - The court emphasized the necessity of proper verification of claims from nominal heirs under current law, noting the applicant's duty to cooperate with the outreach for documentation verification. (Paras 10-12)
Facts of the case:
The applicant, a close relative of the deceased employee, sought settlement dues after his uncle's death during service, being the sole nominee under relevant schemes. The applicant provided required documents and sought the release of dues.
Findings of Court:
The applicant is entitled to receive amounts related to gratuity and insurance per existing rules and guidelines. The Tribunal directed payment to be made within two months.
Issues: The main issues involved were regarding the clarity of nominee rights and the verification processes involving living relatives according to heir laws.
Ratio Decidendi: The tribunal recognized the validity of the applicant's claim as a nominee under the rules, emphasizing the need for strict adherence to verification processes concerning living relatives as per pension rules.
Result: Application disposed of with directions to pay within two months.
| Table of Content |
|---|
| 1. nominee designation (Para 1 , 2) |
| 2. claim details and verification (Para 4 , 5) |
| 3. entitlement ruling (Para 6) |
| 4. tribunal’s directive on claims (Para 11) |
| 5. final disposal of application (Para 12 , 13) |
ORDER
In accordance with the order of the Hon’ble Chairman, Central Administrative Tribunal, dated 10.09.2021 issued under Sub -Section (6) of Section 5 of the Administrative Tribunals Act , 1985, this matter can be taken up by a Bench consisting of a single member. Accordingly, this matter is taken up for disposal by this Single Bench.
2. The applicant has filed this Original Application, seeking the following relief(s):
“A) An order be passed by directing the Respondents Authority concerned to release the settlement dues of Late Bivash Ranjan Roy to the applicant forthwith.
B) An order be passed by directing the Respondent Authority to pay an interest @ 18 per annum for delaying the release of the settlement dues until it is released by the applicant.
C) Such further or other orders or orders be passed and/or direction or directions be given as this Hon'ble Tribunal may deem fit and proper.”
3. Heard the Ld. Counsel and considered the material on record.
4. At hearing, the submissions made by the Ld. Counsel for the applicant are summarized below:
4.1 The applicant is a nephew of Late Bivash Ranjan Roy (Annexure A-1), an employee of BSNL who had expired while in service on 21.12.2019. During his lifetime, Late Bivash Ranjan Roy was unmarried. The applicant is the son of Shri Pravash Ranjan Roy who is a younger brother of Late Bivash Ranjan Roy.
4.2 The applicant was dependent on Late Bivash Ranjan Roy during his lifetime. Late Bivash Ranjan Roy during his lifetime had nominated the applicant as his sole nominee in the Common Nomination Form for receiving any amounts on account of Gratuity amount standing at his credit in his General Provident Fund A/c and any amount that may be sanctioned under the Central Government Employees Group Insurance Scheme (Annexure A-1) 4.3 After the death of Bivash Ranjan Roy, the applicant had informed the respondent authority about the death of his uncle and had enclosed a copy of his Death Certificate, Office Identity Card, Common Nomination Form. The applicant was granted immediate financial assistance of Rs. 20,000/- by the respondent authority, vide Order dated 18.08.2020 (Annexure A-5)
4.4 The respondent authority, vide letter dated 11.08.2021 (Annexure A-6) had asked the applicant to furnish details of parents (if any) as well as siblings along with the claim forms from them at the earliest and in case any of them were not alive, to submit the death certificate of that person.
4.5 The applicant had submitted a representation to the Deputy General Manager, dated 31.08.2021 and intimated him that all the requisite documents as sought by the respondents have been furnished by him and had requested that the terminal benefits in respect of Late Bivash Ranjan Roy be released to him.
4.6 The applicant submitted another representation dated 06.11.2021 (Annexure A-8) praying for release of the death/terminal benefits in respect of the deceased employee.
5. At hearing, the submissions made by the respondents are summarized below:
5.1 Letters / notices sent by the answering respondents to the applicant seeking his cooperation for verification of his identity as well as for verification of the details of his relatives.
5.2 The applicant had disclosed, vide affidavit dated 02.03.2021, affirmed before the First Class Metropolitan Court, Kolkata (Annexure A), inter-alia, that his uncle, Chandan Kumar Roy, his 03 (three) aunts namely Smt. Anju Sarkar, Smt. Alo Rani Roy and Smt. Chhanda Rani Poddar were alive. As per CCS (Pension) Rules the nominations can only be made in the name of a non- family member only when an Official has no family members. As per the CCS (Pension) Rules apart from the spouse, son(s), daughter(s), parents or children of a pre-deceased son, a disabled brother or sister of a decea
