ALKA DATTA JADHAV vs CENTRAL WATER COMMISSION on 27 October 2026

ORDER

The present OA has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:- “8(A) The Original Application may kindly be allowed.

(B) By order or direction the respondents may please be directed to respondent No.6 Pay and Accounts Officer CWC New Delhi to release pension and pensionary benefits of applicant as early as possible.

(C)By order or direction, the respondents may please be directed, through the respondents have stated in their letter dated 05.07.2023 that the work of grant of pension is in progress, however, they have not stated specific time, in view of this they may be directed to complete the process within stipulated period.

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(C1) By order of direction, the respondents may please be directed to quash and set aside the Office Order dated 12.12.2024 and directed to grant a family pension and pensionary benefits immediately.

(D) Any other justifiable order or direction in favour of the applicant be granted in the interest of justice.”

2. Brief facts of the case, as stated by the applicant in the OA, are that the applicant’s husband was appointed on the post of Skill Work Assistant on permanent post under the respondents I.S.D. Jagdalpur with effect from 18.05.1998 till 28.02.2009. The applicant’s husband rendered his service sincerely and efficiently till 01.10.2010. After 2010, due to his physical problem, he was unable to attend his duty regularly and expired on 29.01.2021. After appointment, he married with applicant on 17.04.2005. The applicant’s husband was transferred from Jagdalpur to Chindnar on 28.02.2009. In the year 2010, at the request of applicant’s husband, he was transferred at Bhadrachalam. 2.1 It has been submitted that from 18.05.1998 till 2010, it shows that husband of the applicant rendered more than 12 years of service without break. The applicant made representation to respondent No.5 -

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The Executive Engineer. Alongwith representation, she submitted death certificate of her husband namely Datta Ramkrishna Jadhav, Aadhar and Pan card and made request that to grant all pension and pensionary benefits as per Government Rules. The respondent No.5 by its letter dated 01.10.2021 rejected the claim of the applicant on the ground that her husband neither intimated his marriage nor submitted the revised family details/ nominations while he was in service. Thereafter, the applicant filed Civil Misc. Application No.139/2022 before the Hon’ble Civil Judge Junior Division at Selu and vide order dated 05.05.2022 Legal Heirship Certificate issued by Civil Court in favour of applicant. Thereafter, applicant again made representation dated 15.09.2022 to the respondent No.5 and submitted nomination certificate and requested to grant her pension and all pensionary benefits. After waiting 07-08 months period, the applicant filed application dated 24.05.2023 under Right to Information Act, 2005 and sought information regarding her pension and family pension. The respondent No.5 issued letter dated 05.07.2023 to the respondent No.4

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Alphanso and forwarded the information which sought by applicant under RTI. The respondent No.5 i.e. Executive Engineer has given reply and mentioned that Shri D.R. Jadhav, S.W.A. was absconding from duty from 01.10.2010 till the report of his death. Prior to that, he was absent from duty in so many spells while he was working at site Chindnar from the year 2003 to 2008. His service book is being updated after getting the information from the I.S.D., Jagdalpur and LGSD-1, Bhadrachalam where he worked last. After the regularization of his service and qualifying service and updating the service book, the quantum of benefits could be assessed. The work is in progress in LGD Hyd. 2.2 It has been further submitted that the applicant has to submit necessary claim forms alongwith documents for DCRG, Pension/CGEGIS. This office after scrutiny will forward the same to PAO, CWC, New Delhi alongwith service Book. The process of authorizing family pension and payment of DCRG rests with the Pay and Accounts Office, New Delhi.

2.3 By communication dated 05.07.2023, it was informed to the applicant that the work of grant of

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Alphanso pension and pensionary benefits is in progress. However, thereafter, for considerable time, no response was received to the applicant. Therefore, the present OA has been filed on 04.03.2024.

3. After notice, the official respondents have filed the reply and placed on record office order dated 12.12.2024 (Exhibit-1) rejecting the claim of the applicant and, therefore, the said order was also challenged by way of amendment by the applicant on the ground that it is the duty and responsibility of the respondents to take care of its employee and to call the applicant i.e. wife of the deceased employee and complete the procedure for granting pension and pensionary benefits.

4. After notice, the official respondents have filed the reply and contested the OA stating as under:- 4.1 It has been submitted that the Central Water Commission is an apex organization functioning under MO Jalasakthi, Dept. of Water Resources and Ganga Rejenuvation. The L.G. Division Office, a subordinate field office with its headquarters in Hyderabad, is entrusted with the work of hydrological observations

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Alphanso and flood forecasting at various sites, water quality analysis, collection of rainfall data, and collecting river water levels at various places on the River Godavari in the States of Chattisgarh, Odisha, Andhra Pradesh, and Telangana. 4.2 Shri D.R. Jadhav was appointed as a Khalasi and posted at site Chindnar (CG State) w.e.f. 18.05.1998 on compassionate grounds. The job of Khalasi is to assist the site in-charge in conducting hydrological observations, upkeep of the site office, attending to the site works and attending to any other work allotted by the higher officials. Lower Godavari Division, Central Water Commission, with its headquarters in Hyderabad, has 3 sub-divisions, located in Rajahmundry, Bhadrachalam, and Jagdalpur. Shri Jadhav worked under the Jagdalpur sub-division. The Division collects Hydrological data of River Godavari and issue flood warnings during monsoon season. The sudden and frequent spells of absence of Shri Jadhav hampered this work and the site in-charge informed about his behavior several times and problems faced with Jadhav. In spite of the issue of several

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Memorandums, Shri Jadhav did not mend his ways and continued to be absent from duty without prior information and joins for duty as per his will and wish. From the beginning of his service in the department, the employee was highly irregular in attending duties and came to the office in an intoxicated condition. He never kept good relations with fellow employees. He was served with a Memorandum by the Assistant Engineer, ISD, Jagdalpur, on the complaints received from the villagers of Chindnar. 4.3 It has been further submitted that as there was no improvement in the behavior of Shri Jadhav, he was transferred to Bhadrachalam, which is the headquarters of the sub-division and where his behavior and work could be watched by the Sub-Divisional Engineer. He was deemed to have been relieved of his duties w.e.f. 28.02.2009 from site Chindnar. Shri Jadhav reported for duty at Bhadrachalam on 20.04.2010 after a gap of more than one year. After joining the new place of posting, he hardly worked for 3 months. He had applied for leave from 01.10.2010 to 30.10.2010 and left the office and never returned for duty. He

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Alphanso was served with several Memorandums directing him to join duty. The disciplinary authority - Superintending Engineer, Godavari Circle issued a Memorandum on 02.03.2015 calling for his explanation of his unauthorized absence, informing that the period of his absence will be treated as unauthorized and also warned that it is the final notice and no further opportunities shall be available to him. An acknowledgement of receipt of the Memo obtained from Shri Jadhav by handing over by a special messenger. Since his joining date on 18.05.1998 to the date of his last date of duty, i.e., 30.09.2010 (12 years, 04 months, 13 days), he had a non-qualifying service of 2 years, 6 months, and 17 days and rendered a net qualifying service of 9 years, 9 months and 26 days. His last continuous absence from duty from 01.10.2010 without proper reason and communication was more than 10 years. 4.4 It is also stated that the applicant had submitted the death certificate of Shri Jadhav and her Pan and Aadhar card and requested to grant all pension and pensionary benefits as per the Government rules.

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However, for grant of pension and benefits, apart from death certificate, the applicant has to submit all statutory forms prescribed for benefits duly filled with all supporting documents. 4.5 It is also stated that the competent authority has treated the long absence of Shri Jadhav for more than 10 years as deemed to have resigned from Government service i.e. from the date of unauthorized absence in terms of Rule 12(2) of CCS(Leave) Rules, 1972 w.e.f. 01.10.2010. As per Rule 26(1) of CCS(Pension) Rules, 2021, he forfeited his past service and, therefore, no pension and gratuity is admissible, The members of the family/nominees are eligible for benefits as applicable in the case of resignation viz leave encashment as per CCS (Leave) Rules, 1972, savings fund as per CGEGIS, 1980 and balance in his GPF account as per GPF(CS) Rules, 1960. To this effect, an order issued by the office with the approval of the competent authority. In view of the deemed resignation of the employee for staying away from as stipulated in 12(2) of CCS (Leave Rules) thereby forfeited his past service, the Tribunal may dismiss the OA as the same

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Alphanso is devoid of any merits and pass such other order or orders as this Tribunal deem fit and proper in the circumstances of the case as detailed below: 5(i) Shri Jadhav's disappearance from duty without intimation for a long period of 10 years has been decided as per the existing rules.

ii) The service book and leave account have been updated on 04.09.2024 and the administrative decision on his prolonged absence is recorded.

iii) In view of the above facts and circumstances and submission made above, the applicant had not made any case for intervention of this Tribunal and the OA is liable to be dismissed.

5. Thereafter, rejoinder and sur-rejoinder were filed by the parties in support of their stand.

6. I have heard learned counsel for the parties and perused the record.

7. Learned counsel for the applicant vehemently argued that the applicant is legally wedded wife of the deceased employee and prior to his death, he has completed the pensionable service. It is submitted that from 18.05.1998 till 2010, the deceased employee has

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Alphanso rendered more than 12 years of service without break. However, after the death of deceased employee till date, no post retiral benefits have been released to the applicant. It is submitted that by communication dated 01.10.2021, it was informed to the applicant that late Shri Jadhav neither intimated his marriage nor submitted the revised family details/nominations while he was in service and, therefore, the claim of the applicant was rejected. Thereafter, the applicant has filed an application for grant of legal heirs certificate before the Competent Civil Court which was granted vide order dated 05.05.2022. The same was also submitted before the authority. However, the claim of the applicant has been rejected by impugned order dated 12.12.2024. It is submitted that while issuing office order dated 12.12.2024, it is decided that the deceased employee was absent continuously from 01.10.2010 without any intimation for more than 5 years and, therefore, he was treated as deemed to have resigned from Government service w.e.f. 01.10.2010 in terms of Rule 12(2) of CCS(Leave) Rules, 1972 and further, as per Rule 26(1) of CCS(Pension) Rules, 2021, his past

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Alphanso services have been forfeited and, therefore, it is informed that no pension and gratuity are admissible. 7.1 It is submitted that looking to Rule 12(2) of CCS(Leave) Rules, 1972, no such order has been passed during the life time of the deceased employee. Further, the said rule provides that in exceptional circumstances, the Hon’ble President is having the power to pass such orders and that too by providing an opportunity to an employee concerned. No such procedure has been adopted and, therefore, the impugned order is bad in law. 7.2 Further, in the present case, Rule 26(1) of CCS(Pension) Rules, 2021 is not applicable as during the life time, the deceased employee has never submitted resignation to the respondents and in fact the department after the death of deceased employee treated him as deemed resigned employee which is also contrary to law. 7.3 It is submitted that being the legally wedded wife of the deceased employee, the applicant is entitled to all post retiral dues including family pension and amount of gratuity. Therefore, it is

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Alphanso submitted that the OA may be allowed and necessary direction may be issued to the respondents.

8. On the other hand, learned counsel for the respondents, on the basis of reply and sur-rejoinder vehemently argued that during the service period, deceased employee was habitually absentee without intimation to the department. Various communications/memos have been issued to the deceased employee for reporting on duty. However, no steps have been taken by the deceased employee and in fact after on 01.10.2010 till intimation of his death and he was absconding, under these circumstances, the respondents have rightly passed the order dated 12.12.2024 which needs no interference by this Tribunal.

9. After hearing learned counsel for the parties and after perusal of the record, for considering validity and propriety of the order dated 12.12.2024, it would be appropriate to reproduce Rule 12(2) of the CCS(Leave) Rules, 1972:

12. Maximum amount of continuous leave

(1) …..

(2) Unless the President, in view of the exceptional circumstances of the case, otherwise determines, a Government servant who remains absent from duty for a continuous period exceeding five

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years other than on foreign service, with or without leave, shall be deemed to have resigned from the Government service:

Provided that a reasonable opportunity to explain the reasons for such absence shall be given to that Government servant before provisions of sub-rule (2) are invoked.

[Provided that this rule shall not apply to a case where leave is applied on medical certificate, in connection with a disability.]”

The plain reading of the aforesaid provision provides that the Hon’ble President is having the power under this rule and that too in special circumstances and after providing an opportunity of hearing. The respondents were failed to place on record any document to show that during life time of the deceased employee, any such procedure has been adopted. Only after the death of deceased employee, when the applicant prayed for release of the pension/post retiral benefits, the aforesaid order has been passed during the pendency of the OA which is non-est and untenable in the eyes of law.

10. Further, Rule 26(1) of CCS(Pension) Rules, 2021 reads as under:- “26. Forfeiture of service on resignation

(1) Resignation from a service or a post, unless it is allowed to be withdrawn in the public interest by the appointing authority, entails forfeiture of past service.”

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The plain reading of the statutory provision clearly provides for forfeiture of past service in case of employee resigned from service. No such resignation has been brought on record by the respondents to show that during lifetime deceased employee submitted any resignation letter to the department and the same has been accepted by the department. Under these circumstances, on this ground also, the impugned order is untenable. In the impugned order, although it is observed that family members/nominated persons are eligible for benefits of leave encashment as per CCS(Leave)Rules, 1972, saving fund as per CGEGIS, 1980 and balance of GPF account as per GPF (CS) Rules, 1960. However, from the record, it is not clear that whether after the order dated 12.12.2024, any amount in these heads have been released in favour of the applicant.

11. In view of the aforesaid discussion, the impugned order dated 12.12.2024 is liable to be set aside. It is true that during the life time, various communications/memos have shown to be issued to the deceased employee for reporting on duty, otherwise, it

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Alphanso was directed to take disciplinary action but fact remains that during the life time, no departmental enquiry was conducted or any punishment order has been passed against the deceased employee.

12. Under these circumstances, if the deceased employee prior to 01.10.2010 has completed the length of pensionable service then after his death, family members/wife is entitled for receiving the benefit.

13. Through reply, although the respondents have not disputed the factum of length of service from 18.05.1998 to 30.09.2010 (12 years, 4 months and 13 days), however, out of these period, service of 2 years, 6 months and 17 days was shown to be non- qualifying service and according to the department, net qualifying service of the deceased employee was of 9 years, 9 months and 26 days just 4 days less than the qualifying service. On this unilateral calculation, if the applicant’s right to receive the family pension and post retiral benefits is denied then it will be a hyper technical view that too when there was no opportunity to contest the aforesaid calculation to the deceased employee during his life time.

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14. Under these circumstances, net qualifying service of the deceased employee is required to be treated as 10 years. Thus, in view of the aforesaid discussion, the impugned order dated 12.12.2024 is quashed and set aside. The respondents are directed to re-consider the case of the applicant for grant of family pension/post retiral benefits within a period of 90 days from the date of receipt of certified copy of the order and pass appropriate order as per rules. Needless to mention, in the aforesaid process, as per rule, any documents/formalities are required to be completed by the applicant, then the same shall be informed to the applicant within 30 days from the date of receipt of certified copy of the order and thereafter, take appropriate steps in accordance with the rules within further period of 60 days.

15. With the aforesaid directions/order, the Original Application is disposed of to the extent indicated above. Pending MAs, if any, stand closed. No costs.

(Umesh Gajankush)

Member (J) ma.

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