Rlys told to give retirement benefits to staffer’s widow

Tribune News Service

Chandigarh, April 17

The Central Administrative Tribunal (CAT) has directed the Railways to give retirement benefits to the widow of an employee who had worked for the Northern Railway.

Applicant Kala Devi, a resident of Bari Garhwal Mandi, Top Khana Bazaar, Ambala Cantonment, submitted that her husband Prabhu Dayal, a Group-D employee, had worked with the Railways for 14 years from January 15, 1984 to October 22, 1998. He was removed from service on the ground of absence from duty on October 22, 1998. Unfortunately, he expired on October 16, 2005.

She prayed for direction to the Railways to grant payment of provident fund, group insurance scheme and gratuity along with 12 per cent interest.

However, the Railways submitted that the provident fund amounting to Rs 4,319 had been paid to the applicant on August 14, 2018.

Dayal remained absent from duty from August 1990 to November 1992. He was further on duty for only 22 days between January 1993 and October 22, 1998. However, Dayal remained absent from duty for a total of 98 months, including 28 months from August 1990 to November 1992 and 70 months from January 1993 to October 22, 1998.

Dayal was entitled to one month’s earned leave for every working year, which worked out to be 14 months and had remained absent from duty for 98 months. Hence, the applicant was absent from duty for more than his entitlement of earned leave. Hence even if period of absence from the duty was adjusted against leave, he would not be entitled to salary.

Further, the group insurance scheme subscription could have been deducted from the applicant only if he was being paid salary. The Railways submitted that no recovery of the group insurance scheme was made from the employee as he remained absent from duty. But it was admitted by the Railways that the applicant’s husband was in service from 1984 to 1998, the group insurance scheme subscription deducted from him could be paid back to the applicant, ordered the tribunal, and added that this benefit was allowed on grounds of sympathy.

However, the provident fund subscription made by the husband of the applicant had already been paid to her.

On third prayer for the payment of gratuity, Dayal joined service in 1984 and worked up to August 1990. So, he had effective 6 years of service. Therefore, the Tribunal directed the Railways to pay applicant for the 6 years of continuous duty that he has rendered. The applicant will not be entitled to gratuity for the period he remained absent as he had not rendered service to draw the benefit.