A legal heir may seek relief for accrued benefits post-death of an employee, but standing is limited to monetary benefits, and disciplinary proceedings abate upon death.

ORDER:

This writ petition is filed seeking the following relief:

“to issue a Writ, Order or Direction, more  particularly, one in the nature of Writ of Mandamus declaring the action of the Respondents herein in not considering the Representations/Appeals dated 03.01.2019 (submitted by the mother of the Petitioner) and 23.08.2021 submitted by the Petitioner, praying the Respondents to consider the case of the mother of the Petitioner for regularization of her suspension period from 16.07.1994 to 05.01.1998 and again from 18.12.2005 to 01.03.2007 as on duty as per Rule 54-B (4) of the Fundamental Rules as she was not involved in any misappropriation of Government Funds is illegal, unjust, unfair, arbitrary, unconstitutional and contrary to the Rule 54-B (4) of the Fundamental Rules and consequently direct the Respondents herein to regularize the suspension period of the mother of the Petitioner from 16.07.1994 to 05.01.1998 and again from 18.12.2005 to 01.03.2007 as on duty as she was not involved in any misappropriation of Government Funds by following the order dated  14.06.2024 passed by this Hon’ble Court in W.P.No.14339 of 2024 and pass such other order or orders as this Honorable Court may deem fit and proper in the interest of justice.”

2. Heard Mr. R. Prabhakar, learned counsel for petitioner and learned Government Pleader for Services – III for respondents.

3. Initially, the Registry has returned the writ petition (S.R.) on 26.11.2024, with the following objections:

“How the relief sought in the Writ Petition is maintainable as much as the Petitioner is not aggrieved person. Please clarify”.

4. The Learned Counsel for the Petitioner has re-presented the above W.P. (SR) on 26.11.2024, with the following endorsement:

“A Hon’ble Division Bench of the Hon’ble Calcutta High Court held that the legal heir of a deceased employee had locus standi to challenge a removal order – Neela Devi v. State of W.B. , 1994 (4) SLR 236 9 Cal) and also Executive Director, Usha Sewing Machine Works Ltd. v. Sujatha Roy , AIR 1986 Cal.224 .

The Legal Heir may have locus standi, the standing is limited to obtaining monetary benefits which had accrued during the life time of the deceased.

Hence, the present Writ Petition is maintainable.”

5. Learned counsel for petitioner has drawn the attention of this Court to G.O.Ms.No.76, dated 02.05.2011, wherein Rule 9(8) of Andhra Pradesh Revised Pension Rules was amended as follows:

“When a Government servant dies before conclusion of the disciplinary proceedings, the family pension beneficiary or legal heir is entitled to receive the balance of 25% or remaining part of the full pension, as the case may be, and the further proceedings shall abated.”

6. Learned counsel for petitioner has placed reliance upon the judgment of a Division Bench of the Hon’ble High Court of Andhra Pradesh in State of Andhra Pradesh and another v. Y. Nagamani 1 . Placing reliance on this judgment, petitioner counsel has referred to Rule 9(8) of Andhra Pradesh Revised Pension Rules and has state that vide G.O.Ms.No.76, dated 02.05.2011, the said Rule was introduced, pursuant to the recommendation of 9 th Pay Revision Commission of the State. That in the said judgment, at paragraph Nos.17, 18 and 19, Hon’ble Division Bench held as follows:

“17. The Ninth Pay Revision Commission noted at Para 17.50 as regards pension as under :

"As regards pension, however, in the case of death of the pensioner before conclusion of the proceedings it is not possible to establish whether the deceased pensioner was at fault or not, since the proceedings abate due to the death of the pensioner. However, since the pensioner died resulting in the abatement of the proceedings, benefit of doubt may be passed on to the pensioner in those cases.

As such, the Commission recommends to pay the balance of 25% of the full pension to the family pension beneficiary or to the legal heir in cases where the pensioner died