irfana salam vs BHARAT SANCHAR NIGAM LIMITED on 29 October 2026

ORDER

(Oral)

Per Hon’ble Mr. M.S. Latif, Member (Judl.)

The instant O.A. was filed way back in the year 2022, wherein the applicants seek the following reliefs:

a. Impugned speaking order vide issued vide File No.JKSGR- 11(16)/3/2022/speaking order/ JKSGR-BA dated 20-07- 2022 be set aside.

b. Issue an appropriate direction or order, including the one in the nature of writ of Mandamus, commanding the respondents to release the EPF and BSNL Superannuation Pension in favour of the Petitioner and her two minor children under rules.

c. Pass such order as this Hon'ble Tribunal deems fit and proper, in the facts and circumstances of the case

2. Alongside the main reliefs, the applicants also seek interim relief: Pending disposal of the case, the respondents be directed to release the EPF and BSNL Superannuation Pension in favour of the Petitioner and her two minor children under rules.

3. The instant O.A. came up for consideration on 18.08.2022, whereby notices were issued upon the respondents and the claim

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for interim relief was rejected. The official respondents have caused their presence in the matter. Vide Order dated 12.08.2024, the private respondent was ordered to be served dasti. The endorsement of the Registry, as regards the service, is on file. Then again on 10.08.2026, the private respondent was served by the registered post. The endorsement of the Registry, regarding service, is on file. On 10.08.2026, the matter was ordered to be listed on 22.09.2026. On 22.09.2026, there is a noting of the registry that the notice returned back as postal remark ‘no such person’, and as such, private respondent was proceeded ex-parte by virtue of Order dated 13.10.2026. The matter thereafter came up next on 22.10.2026, it was felt expedient to call the parties in person so that the dispute could be resolved amicably, as the dispute primarily relates to the release of the family pension and the matter was listed again on 29.10.2026.

4. Today, the matter came up for consideration. The applicant is present in person along with her counsel, namely, Mr. Raja Jaffer Nazir. Mr. Qazi, OSD to General Manager, BSNL, is present. Mr. Sajood Amin Nawchoo, Advocate, is present for LIC along with Mr.

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Simranjeet Singh, Branch Manager, Pension and Group Schemes.

5. What emerges from the pleadings made in the O.A. is that the husband of the applicant namely Sheikh Mohammad Altaf, was working as a Sub-Divisional Engineer in BSNL, who was lastly posted at MSC BSNL, Office of General Manager Telecom Kashmir, Srinagar, and as stated, the husband of the applicant contacted COVID-19 disease during the active service and was admitted in SKIMS Soura, who ultimately died on 16.05.2021 at SKIMS Soura. To this effect, relevant certificate is appended with the O.A.

6. It is stated in the O.A. that the applicant had entered into wedlock with the deceased in the year 2017 and from the said marriage, two issues - two minor sons were born, namely, Sheikh Mohammad Moosa (age 3+ years) and Sheikh Mohammad Areeb (age 6 months), at the time of filing of the O.A.

7. It is stated that the employees of the BSNL have non- pensionable job but through the membership of the Employee Provident Fund, a provision for pension is kept for the members of the scheme, wherein if active member of the scheme dies during service, his wife and his minor children are entitled to Widow and

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Children Pension respectively and in addition to this, the BSNL has also introduced a Superannuation Pensions Scheme for directly recruited employee w.e.f. 05.05.2016 and LIC of India is the Fund Manager of the scheme under Master Policy No. 103004833, wherein if the employees, who are member of the scheme die, their beneficiaries are eligible for benefit under Superannuation Pension Scheme. To this effect, a copy of the Scheme has also been appended with the O.A. which is Annexure IV Page 25 under heading – BSNL Employees Superannuation Pension Trust Rules.

8. Learned counsel for the applicants, Mr. Raja Jaffer Nazir, submits that prior to the filing of the instant O.A., a suit was also filed between the applicant herein and the BSNL and one Mst. Mehbooba (mother of the deceased), before the Court of Judge Small Causes, Srinagar, wherein case no. 10571/2021 was decided by way of an Order dated 17.09.2021. Copy whereof is appended with the O.A. at Page 73 of the O.A. The operative portion of the judgment is reproduced hereunder: “Accordingly, the suit is disposed off in light of the compromise document, which to shall be treat to be

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part of this order, with the direction to the defendant No.1 to release the service benefits in accordance with rules in favour of the persons entitled receive the same and the private parties shall disburse the same as per the compromise document. Disposed off. Parties to bear their own costs. Decree be framed within one week as per this order. Be consigned to records after due completion”.

9. The applicant is aggrieved of the communication where the pension to what the parties were entitled to have not been settled by the BSNL and LIC collectively.

10. Reply stands filed by the BSNL as well as LIC. Perusal of the reply reveals that it has not been denied that the applicant was not the wife of the deceased and out of the said wedlock two minor children were not born, where one was surviving at the time of the death of the applicant’s husband and another a posthumous one.

11. Learned counsel for the applicant further submits that whatever was the entitlement of the respondent no. 4, the same has already been disbursed in her favour in accordance with the judgment passed by the Civil Court, which is not denied by either the BSNL or the LIC.

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12. Admittedly, pension or pensionary benefits are not a bounty. It is the right of an employee, and depriving the family or the dependent of this benefit either under the service rules or any other scheme would certainly violate Article 300(a) of the Constitution of India, as pension has assumed the status of a Constitutional Right. To this effect, I am fortified by various judgments of the Hon’ble Apex Court, which are mentioned below:

1. Deokinandan Prasad v. State of Bihar, 1971 (2) SCC 330;

2. State of Kerala v. M Padamana Nyer, AIR 1985 SC 356;

3. State of Andhra Pradesh & Anr. v. Dinavahi Lakshmi Kameswari (2021) SCC OnLine SC 237;

4. Dr. Uma Agarwal v. State of U.P. & Anr., 1999 SC 437;

5. D. S. Nakara v. Union of India, 1985 (1) SCC 305;

6. State of Jharkhand v. Jitendra Kumar Srivastava, 2013 (12) SCC 240 &

7. S. K. Dua v. State of Haryana, 2008 (3) SCC 44.

13. In addition, learned counsel for the applicants, in support of his contention, has referred to the judgment of the Hon’ble Apex Court in the case titled as Nitu v. Sheela Rani, AIR 2016 SC 4552,

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wherein their lordships in Para 18 have held that the pension is to be given under the provisions of the Scheme and therefore, only the person who is entitled to get the pension as per the Scheme would get it. Reliance has also been laid down on the judgment titled as Violet Issaac (Smt.) v. Union of India, (1991) 1 SCC 725, wherein their lordships have held that family pension does not form part of the estate of the deceased and therefore, even an employee has no right to dispose of the same in his Will by giving a direction that someone other than the one who is entitled to it, should be given the same. In the case referred above, the appellant (widow) was entitled to the family pension strictly in accordance with the scheme governing such release.

14. Mr. Sofi Manzoor, representing the BSNL, however, does not dispute the existence of a scheme known as the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), whereby the scheme was formulated.

15. Undoubtedly, the pension has to be released strictly in accordance with the scheme, the provisions contained therein, as also in terms of the Superannuation Pension Scheme of LIC dated

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05.05.2016.

16. Learned counsel for the respondents, Mr. Sofi Manzoor and Mr. Sajood Amin Nawchoo, are not averse to the disposal of the case, however, strictly in accordance with the rules and the pension scheme of the LIC.

17. Learned counsel for the applicants, while further concluding his arguments, submits that the applicant has obtained a Dependent Certificate as well which has been issued by the Office of the Deputy Commissioner, Srinagar, dated 17.02.2022, wherein the applicant herein and two minor children have been shown as dependent of the deceased.

18. Be that as it may.

19. Heard learned counsel for the parties at length and perused the contents of the O.A. along with the objections filed by the respondents.

20. The instant O.A. is disposed of by providing that the respondents no. 1 and 3, shall settle the Superannuation Pension Scheme case, as it relates to the deceased husband of the applicant, strictly in accordance with the Scheme, the law

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governing the subject, for which the applicant shall also cooperate with the respondents no. 1 and 3, so that the long pending case is settled in accordance with law and the Scheme. The applicant shall approach the respondent no. 1 in her own right within one week from the issuance of this Order. The official respondents, thereafter, shall process and settle the case within 06 (six) weeks positively. It is made clear that the official respondents shall have no power to extend the period of six weeks in settling the issue and in case, there is a need, they shall have to seek leave of the Court.

21. Accordingly, O.A. No. 794/2022 is disposed of along with all connected M.A.s, if any.

22. No order as to costs.

(M. S. Latif) Member (Judl.)

Abhishek Punia Court Master 29.10.2026

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