2020 (2) TMI 471 - HC - Indian Laws

Payment of death-cum-retiral dues of the deceased employee - being the minor children from the first wife - apportionment of other retiral benefits - HELD THAT - The writ petitions stand disposed off with a direction to the authorities concerned to pay 50% of family pension of the deceased employee to the petitioners, through Mr. Umakant Tiwary, who is their maternal grandfather. The rest 50% shall be paid to the petitioner. Payment of family pension would be with up-to-date arrears. Similarly, 1/3rd of the other death-cum-retiral benefits would be paid to the petitioners through Mr. Umakant Tiwary, their maternal grandfather. The remaining 2/3rd amount shall be paid to the petitioner for herself and her three children. The Court has been assured by learned counsel for the State that all formalities required to be performed shall be got done by the authorities and at best the petitioners may be called to the office to sign, but they shall not be liable for any missing records of the authorities, including the service book of the deceased employee. Petition disposed off.

Summary

Issues:
Dispute over payment of death-cum-retiral dues of deceased employee, apportionment of benefits between two sets of family members, compliance with legal provisions regarding family pension and retiral benefits.

Analysis:
The judgment concerns two connected cases involving the minor children of a deceased Assistant Teacher and his second wife. The issue at hand is the distribution of the death-cum-retiral benefits of the deceased employee between the two sets of family members. The Court noted that the deceased employee had children from his first wife, who are still minors, and children from his second wife. The State had not made any payments due to the ongoing controversy. Initially, the Court had given time for a compromise formula to be proposed, and the current agreement is that the family pension will be divided equally between the two sets of family members, with the remaining retiral benefits to be apportioned accordingly.

The agreed formula stipulates that the family pension will be split, with 50% going to the minor children from the first wife and the remaining 50% to the second wife. For the other death-cum-retiral benefits, it was decided that the total amount would be divided into six parts, with one part each going to the children from the first wife, the second wife, and her three children. This results in the children from the first wife receiving 1/3rd of the total dues, while the second wife and her children receive 2/3rd.

The State's counsel agreed to the proposed formula as it adhered to legal provisions. Consequently, the Court directed the authorities to implement the decision by paying the family pension and other benefits as per the agreed division. The family pension is to be paid with up-to-date arrears, and the remaining benefits are to be distributed accordingly. The Court set a deadline of six weeks for the completion of the process and ensured that the necessary formalities would be handled by the authorities without burdening the petitioners with any missing records.

In conclusion, the judgment resolves the dispute over the distribution of death-cum-retiral benefits by providing a clear and equitable division between the two sets of family members, ensuring compliance with legal provisions and directing the authorities to promptly execute the payment process.