ups_00482 — Service record is a permanent one and if it is to be destroyed, proper permission from the Competent Authority is to be obtained. In any case, service record can be reconstructed taking the details from various sources available in the department and the material collected from the family of the deceased. Based on these records, family pension to the widow of the deceased employee has to be decided, if permissible

UPS

Service record is a permanent one and if it is to be destroyed, proper permission from the Competent Authority is to be obtained. In any case, service record can be reconstructed taking the details from various sources available in the department and the material collected from the family of the deceased. Based on these records, family pension to the widow of the deceased employee has to be decided, if permissible — The chunk provided relates to a judicial decision in favor of an applicant seeking family pension after her husband's death. The applicant was entitled to family pension because her son was granted c... — Facts: The Applicant herein, is the wife of one Shri Chindhaya Mojilal who died on 7-1-1978. He joined as Casual Labour with Respondents and regularized as Yard Khalasi in November, 1960. He was further posted as Loader-Man under Loco Foreman, Amla till his death on 7-1-1978. The Applicant, his wife, requested for family pension by her representation, dated 19-7-1979 and followed it with reminders. But it was rejected due to non-availability of records of the deceased by the Respondents. In the meantime, the son of the deceased was appointed on compassionate ground on 12-7-1980. This OA is filed for setting aside the impugned letter, dated 19-5-2011 rejecting her claim for family pension and grant family pension from 7-1-1978 the date of death of the ex-employee and husband of the petitioner, the leave salary, gratuity, etc. and other reliefs as deemed fit. The Tribunal heard both sides and observed the following: The point that arises for consideration is, whether the Applicant is eligible for family pension. If so, the recourse to be adopted for fixation of the family pension by the Respondents in the absence of the nonavailability of the relevant service record. The Tribunal first considered the limitation in filing this OA. After considering the details of the case, it was held that "it is settled law that pension / family pension gives rise to recurring cause of action, if denied. This being so, although the Applicant approached the Tribunal for the first time in the previous OA in which it was directed to approach the Respondents for relief in the year 2010, the same was entertained and disposed of as noted above. For the above reasons, it cannot be said that the present OA is barred by limitation". The son of the ex-employee was appointed on compassionate ground on temporary basis which is a proof, the deceased was serving with Respondents. There are clear instructions from Railway Board for preserving the service records. It is to be destroyed preserving it for few years. Appendix IX under Para. 121 captioned as "Period for which records in accounts offices are to be preserved is to be followed". Though the service record of the deceased employee is not preserved, it is a proved fact that the deceased was an employee under the Respondents as his son was given a compassionate appointment. If service records of the deceased employee is not available, the service record should be reconstructed in view of RBE No. 86 of 2006, dated 18-7-2008 by adopting appropriate ways and means. The only reason for denying family pension to the Applicant is that, the service record is destroyed after 3 years of death of the ex-employee and the status of the ex-employee as permanent or not cannot be decided. Also the entitlement to get pension cannot be decided. It is very sad to note that the service record of the deceased employee was destroyed without following the relevant rules. Hence it was held:

UPS

Service record is a permanent one and if it is to be destroyed, proper permission from the Competent Authority is to be obtained. In any case, service record can be reconstructed taking the details from various sources available in the department and the material collected from the family of the deceased. Based on these records, family pension to the widow of the deceased employee has to be decided, if permissible — The chunk provided relates to a judicial decision in favor of an applicant seeking family pension after her husband's death. The applicant was entitled to family pension because her son was granted c... — Facts: The Applicant herein, is the wife of one Shri Chindhaya Mojilal who died on 7-1-1978. He joined as Casual Labour with Respondents and regularized as Yard Khalasi in November, 1960. He was further posted as Loader-Man under Loco Foreman, Amla till his death on 7-1-1978. The Applicant, his wife, requested for family pension by her representation, dated 19-7-1979 and followed it with reminders. But it was rejected due to non-availability of records of the deceased by the Respondents. In the meantime, the son of the deceased was appointed on compassionate ground on 12-7-1980. This OA is filed for setting aside the impugned letter, dated 19-5-2011 rejecting her claim for family pension and grant family pension from 7-1-1978 the date of death of the ex-employee and husband of the petitioner, the leave salary, gratuity, etc. and other reliefs as deemed fit. The Tribunal heard both sides and observed the following: The point that arises for consideration is, whether the Applicant is eligible for family pension. If so, the recourse to be adopted for fixation of the family pension by the Respondents in the absence of the nonavailability of the relevant service record. The Tribunal first considered the limitation in filing this OA. After considering the details of the case, it was held that "it is settled law that pension / family pension gives rise to recurring cause of action, if denied. This being so, although the Applicant approached the Tribunal for the first time in the previous OA in which it was directed to approach the Respondents for relief in the year 2010, the same was entertained and disposed of as noted above. For the above reasons, it cannot be said that the present OA is barred by limitation". The son of the ex-employee was appointed on compassionate ground on temporary basis which is a proof, the deceased was serving with Respondents. There are clear instructions from Railway Board for preserving the service records. It is to be destroyed preserving it for few years. Appendix IX under Para. 121 captioned as "Period for which records in accounts offices are to be preserved is to be followed". Though the service record of the deceased employee is not preserved, it is a proved fact that the deceased was an employee under the Respondents as his son was given a compassionate appointment. If service records of the deceased employee is not available, the service record should be reconstructed in view of RBE No. 86 of 2006, dated 18-7-2008 by adopting appropriate ways and means. The only reason for denying family pension to the Applicant is that, the service record is destroyed after 3 years of death of the ex-employee and the status of the ex-employee as permanent or not cannot be decided. Also the entitlement to get pension cannot be decided. It is very sad to note that the service record of the deceased employee was destroyed without following the relevant rules. Hence it was held:

Original Rule Text

Original Rule Text