Vailmurgan vs Engineering Deptt., Ut Chandigarh on 3 November 2026

O R D E R

Per: SURESH KUMAR BATRA MEMBER (J):-

1. The present Original Application has been filed under section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:-

(i) That respondents be directed to produce the entire service record pertaining to the deceased father of the applicants for kind perusal for the Hon'ble Court.

(iii) That respondents be directed to consider the case of the applicants, viz. children/legal heirs of Late Sh. Priya Swami s/o Sh. Pani Muthu, regular Mali, for grant of admissible benefits of pension and other retiral benefits, as permissible under the PCS Rules and direct the respondents to grant requisite pension/retiral benefits to the applicants including ex-gratia w.e.f. 07.01.2005 with all other admissible consequential benefits in terms of grant of 1st proficiency step up after 08 years of service, revision/refixation of salary and arrears of family pension and retiral benefits etc. in the interest of justice.

2. The factual matrix of the case is that the applicants are the children and legal heirs of Late Sh. Priya Swami, S/o Sh. Pani Muthu, who was initially appointed as a work-charged Mali in the office of the Assistant Landscaping Officer, Horticulture Sub-Division No. 5, Chandigarh, pursuant to the order dated 31.12.1984, issued by the Executive Engineer, Horticulture Division No. 2. He joined service on 01.01.1985. Subsequently, his services were brought on the regular establishment with effect from 31.12.1987 vide SE(C) Office Order No. P-2/88/25 dated 22.09.1988, which was endorsed by the Executive Engineer, Horticulture Division No. 1, vide memorandum dated 12.12.1988. Copies of the appointment and regularisation orders, along with the relevant service-book entries, have been placed on record as Annexure A-1.

by MAMTA WADHWA

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3. Upon the formation of the Municipal Corporation, Chandigarh, in May 1996, the services of Late Sh. Priya Swami were transferred to the Municipal Corporation on deemed deputation basis. His name figures at serial No. 209 in the list of regular Malis transferred from the office of the Executive Engineer, Horticulture Division No. 1, U.T. Chandigarh, as reflected in the Chandigarh Administration Gazette notification dated 21.05.1996 (Annexure A-2). He thereafter continued to work as a regular Mali under the Municipal Corporation, Chandigarh, until his death on 06.01.2005. His death certificate has been placed on record as Annexure A-3. During his service, Late Sh. Priya Swami was sanctioned proficiency-step-up benefits in the next higher pay scale upon completion of the prescribed periods of service, vide office order No. 189 dated 18.09.2002, issued with the approval of the competent authority. According to the applicants, although the order granted him the benefit upon completion of 18 years of service, the benefit of the first proficiency step-up after eight years of service had not been granted. The said order has been placed on record as Annexure A-4.

4. After the death of Late Sh. Priya Swami on 06.01.2005, the Executive Engineer, Horticulture Division No. 1, Municipal Corporation, Chandigarh, vide memorandum No. 1142 dated 04.03.2005, requested the Deputy Commissioner, U.T. Chandigarh, to issue a legal-heir certificate for disbursement of the outstanding departmental dues (Annexure A-5). Accordingly, the Deputy Commissioner/Collector, U.T. Chandigarh, issued a legal-heir certificate dated 10.05.2005, bearing No. DC/CA/05/452 (Annexure A-6), identifying the family members of the deceased, including the applicants.

by MAMTA WADHWA

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5. The applicants have further pleaded that their mother, Smt. Kasturi, who was also employed under the Horticulture Sub-Division No. 1, Municipal Corporation, Chandigarh, went missing on 14.12.2005 and did not return. A missing-person report was lodged by applicant No. 2 at Police Post, Maloya, Chandigarh, on 21.12.2005, recorded as DDR No. 21 dated 21.12.2005 (Annexure A-7). According to the applicants, she has not been traced since then and is presumed dead after the expiry of seven years in accordance with law. They contend that, following the death of their father and the subsequent disappearance of their mother, they were left without parental support, and four of them were minors at the relevant time, details whereof has been given in para 4(x) of the O.A.

6. The applicants state that the department prepared the pension case of the deceased employee and forwarded it to the office of the Chief Engineer, U.T. Chandigarh, vide memorandum No. 1385 dated 18.03.2005 (Annexure A-8). Thereafter, an amount of Rs. 1,20,637/- was transferred by the Executive Engineer, Horticulture Division No. 2, Chandigarh, to the Municipal Corporation, Chandigarh, vide letter dated 28.07.2005 (Annexure A-9). The Municipal Corporation, vide endorsement dated 01.08.2005, sanctioned payment of Rs. 1,22,681/- towards GPF to the six family members of the deceased in equal shares of Rs. 20,447/- each, in accordance with the legal-heir certificate (Annexure A-10). The applicants state that certain amounts remained unencashed and unpaid, which they seek to have verified from the official records.

7. According to the applicants, the amounts processed under Annexures A-8 to A-10 pertained to the period of service rendered by by MAMTA WADHWA

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the deceased under the Chandigarh Administration before his transfer to the Municipal Corporation in 1996. They allege that his subsequent service from 01.06.1996 until 06.01.2005, under Respondents No. 3 and 4, has not been duly accounted for and that no corresponding family pension or other admissible retiral benefits have been released in respect of that period. The applicants rely upon Rules 6.7 and 6.17 of the Punjab Civil Services Rules, Volume II, Chapter VI, as applicable to the employees concerned. They contend that, since the deceased died while in service after rendering more than the prescribed minimum period of continuous service, his eligible family members are entitled to family pension and other admissible benefits under the applicable rules. They further claim that the first proficiency step-up due after eight years of service ought to have been considered, together with consequential revision or refixation of pay and the resulting arrears and retiral benefits.

8. The applicants state that applicant No. 2 and applicant No. 3 were married on 10.11.2010 and 26.01.2015, respectively. They contend that they were eligible for the admissible benefits up to the relevant dates under the applicable rules and that the entitlements of the other eligible children were also required to be determined in accordance with the prescribed conditions and age limits.

9. The applicants further state that, following the death of their father and the disappearance of their mother, they were taken to their native village in Tamil Nadu by relatives. Applicant No. 2 subsequently returned to Chandigarh and continued to pursue the matter with the departmental authorities. The applicants allege that, despite repeated visits and requests, the family pension and other retiral benefits were by MAMTA WADHWA

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not released. The Municipal Corporation, Chandigarh, vide communication dated 06.08.2018, called the applicant for a personal hearing regarding the death benefits of the deceased employee (Annexure A-11). Thereafter, applicant No. 2 submitted the requisite application, affidavit and missing-person report for further processing of the claim. The same were forwarded by the concerned official to respondent No. 4 vide memorandum dated 29.11.2018 (Annexure A- 12). Respondent No. 4, in turn, requested the Deputy Commissioner, U.T. Chandigarh, vide memorandum dated 05.12.2018, to issue a fresh legal-heir certificate in respect of Late Sh. Priya Swami (Annexure A- 13). According to the applicants, the office of the Deputy Commissioner did not issue a fresh certificate on the ground that the legal-heir certificate dated 10.05.2005 (Annexure A-6) had already been issued. The applicants allege that the departmental authorities have nevertheless declined to proceed with their claim in the absence of a fresh certificate, resulting in continued non-payment of the claimed benefits.

10. The applicants subsequently sought relevant departmental records through an application under the Right to Information Act dated 31.08.2020. The information was supplied by the Central Public Information Officer vide memorandum dated 19.10.2020. Copies of the RTI application and the response have been collectively placed on record as Annexure A-14. The applicants have approached this Tribunal seeking release of the family pension, ex-gratia and other admissible retiral benefits of their deceased father, along with consequential benefits arising from the claimed proficiency step-up and refixation of pay.

by MAMTA WADHWA

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11. The applicants have approached this Tribunal seeking release of family pension and other retiral benefits payable on account of the death of their father, Late Sh. Priya Swami, who expired on 06.01.2005. They have submitted that their mother, Smt. Kasturi, went missing on 14.12.2005, regarding which DDR No. 21 dated 21.12.2005 was registered, and her whereabouts have remained unknown since then. Relying upon Section 108 of the Indian Evidence Act, 1872, they contend that she is presumed to be dead, as she has not been heard of for more than seven years.

12. The applicants further contend that the legal-heir certificate dated 10.05.2005 already records the legal heirs of the deceased employee and that respondent No. 4 has failed to take effective steps to resolve the matter despite having sought a fresh certificate from the Deputy Commissioner vide letter dated 05.12.2018. They allege that withholding the retiral and pensionary benefits for such a prolonged period is arbitrary and unjustified. In support of their claim, they rely upon the Government of India instructions dated 29.08.1986 concerning payment of retiral benefits and family pension where the whereabouts of a person are not known, as well as the judicial precedents cited in the O.A. and rejoinder.

13. The applicants have also challenged the objection regarding jurisdiction, relying upon the Chandigarh Administration, Finance Department orders dated 31.12.2020 and 25.02.2021, under which the retiral and pensionary benefits of employees transferred to the Municipal Corporation, Chandigarh, are stated to be payable by the Engineering Department, Chandigarh Administration. They have further disputed the objection of limitation, contending that there is no limitation for claiming by MAMTA WADHWA

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family pension and that they were minors in the relevant circumstances. Accordingly, they seek release of the admissible family pension and other retiral benefits of their deceased father.

14. The respondent Nos. 1 and 2 have filed their short reply and submitted therein that the grievance raised by the applicants primarily concerns respondent Nos. 3 and 4, i.e. the Municipal Corporation, Chandigarh, and that their role is confined to the extent of the admissible retiral benefits pertaining to the period during which the deceased employee served under the Chandigarh Administration. They have stated that, pursuant to the interim order dated 11.02.2025 passed by this Tribunal, letters dated 31.03.2025 and 11.04.2025 were issued to ascertain the status of the legal-heir certificate. They have further expressed no objection to the submission of the family pension case of applicant No. 1, Vailmurgan, and undertaken that, upon receipt of the same from the Municipal Corporation, Chandigarh, it would be forwarded to the Accountant General, U.T. Chandigarh, without delay for further necessary action and finalization.

15. The Respondent Nos. 3 and 4 have filed their written statement and raised a preliminary objection regarding the maintainability of the O.A. on the ground that the Municipal Corporation, Chandigarh, has not been notified to fall within the jurisdiction of this Tribunal. They have also challenged the O.A. on the ground of limitation, contending that the applicants have approached this Tribunal in November 2020, more than 15 years after the death of their father on 06.01.2005, without filing any application seeking condonation of delay.

16. On merits, the respondents have submitted that the legal-heir certificate dated 10.05.2005, relied upon by the applicants, mentions by MAMTA WADHWA

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the name of their mother, Smt. Kasturi, along with the names of the five children. Although the applicants claim that their mother went missing in December 2005 and is presumed to have died after the lapse of seven years, such presumption, according to the respondents, cannot automatically be incorporated into official records without the requisite formal declaration or acknowledgment by the competent authority. They have, therefore, contended that the applicants are required to obtain a fresh legal-heir certificate reflecting the present legal status of their mother.

17. The respondents have further submitted that the applicants have not furnished the requisite particulars regarding their respective ages, whether any of them have crossed the age of 25 years, the marital status of the daughters, and the employment or other benefits, if any, pertaining to their mother. They have stated that a communication dated 05.12.2018 was addressed to the Deputy Commissioner, Chandigarh, seeking a fresh legal-heir certificate. According to them, the individual claims of the applicants, including their entitlement to family pension and other retiral benefits, can be examined only after the necessary documents and particulars are furnished and their eligibility is duly verified. On these grounds, they have prayed for dismissal of the O.A.

18. In their rejoinder, the applicants have controverted the objections raised by respondent Nos. 3 and 4 regarding maintainability and limitation. With regard to the absence of their mother, Smt. Kasturi, they have submitted that she went missing on 14.12.2005 following the death of their father, Late Sh. Priya Swami, on 06.01.2005, and a missing report was registered vide DDR No. 21 dated 21.12.2005. As by MAMTA WADHWA

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she has not been heard of for more than seven years, the applicants have invoked Section 108 of the Indian Evidence Act, 1872, to contend that she is presumed to be dead. They have further pointed out that the legal-heir certificate dated 10.05.2005, issued by the Collector, U.T. Chandigarh, already records the applicants as the legal heirs of their deceased father.

19. The applicants have contended that respondent No. 4 had requested the Deputy Commissioner, U.T. Chandigarh, vide letter dated 05.12.2018, to issue a fresh legal-heir certificate despite the earlier certificate already being available on record. According to them, the responsibility for processing the matter rested with the controlling officer, respondent No. 4, who has taken no further steps since the said communication. They have, therefore, alleged that the withholding of family pension and other retiral benefits for an inordinate period is unjustified and violative of Article 300-A of the Constitution of India. In support of their claim, they have also relied upon the Government of India instructions dated 29.08.1986 concerning payment of retirement gratuity and family pension where the whereabouts of an employee or family member are not known, as well as various judicial pronouncements cited in the rejoinder.

20. Regarding the objection to the jurisdiction of this Tribunal, the applicants have relied upon the Chandigarh Administration, Finance Department orders dated 31.12.2020 and 25.02.2021, stated to provide that the retiral and pensionary benefits of employees transferred from the Chandigarh Administration to the Municipal Corporation, Chandigarh, shall be borne by the Engineering Department, Chandigarh by MAMTA WADHWA

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Administration. They have, accordingly, contended that the objection is misconceived and that the O.A. is maintainable.

21. In the additional affidavit/status report filed pursuant to the order dated 27.05.2025, the respondent Nos. 3 and 4 have submitted that steps were taken to obtain a fresh legal-heir certificate in respect of Late Sh. Priya Swami. A request was addressed to the Deputy Commissioner-cum-Collector, Chandigarh, on 01.08.2025, followed by a communication dated 07.08.2025 regarding the address of the deceased. Thereafter, vide letter dated 02.09.2025, the SDM, Chandigarh, advised consideration of the existing legal-heir certificate dated 10.05.2005. The legal heirs were subsequently asked, vide letter dated 04.09.2025, to furnish the death certificate or police report concerning Smt. Kasturi, wife of the deceased.

22. The respondents have further stated that the calculation of leave salary and pension contribution (LSPC) was prepared, vetted by the Accounts Branch and submitted to the higher authorities for approval in September 2025. However, the matter remained under process, and on 17.08.2026, the concerned authority required the legal heirs to furnish the final or untraced report relating to DDR No. 21 dated 21.12.2005 concerning Smt. Kasturi. Accordingly, the legal heirs were again asked, vide letter dated 18.08.2026, to provide the requisite document. It has also been submitted that the final GPF amount of Rs. 1,22,681/- had already been paid in September 2005 to the wife and five children of the deceased in equal shares of Rs. 20,447/- each, and leave encashment of Rs. 45,248/- had also been paid in 2005. As regards the remaining retiral dues, the respondents have stated that the death certificate or other admissible document concerning Smt. Kasturi is required for by MAMTA WADHWA

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release of the death-cum-retirement gratuity (DCRG). They have further contended that family pension would be payable to the wife until her actual or presumed death, and the claims of the other legal heirs can be considered thereafter, subject to their individual eligibility. According to the respondents, the requisite documents are still awaited from the legal heirs, and the remaining benefits, including DCRG and applicable family pension, would be processed upon completion of the prescribed formalities.

23. Having considered the pleadings of the parties, including the additional affidavit/status report submitted by respondent Nos. 3 and 4, this Tribunal finds that the claim of the applicants for release of the admissible retiral and pensionary benefits of their deceased father, Late Sh. Priya Swami, has remained pending for a considerable period. The respondents have themselves acknowledged that certain formalities concerning the legal status of Smt. Kasturi, wife of the deceased employee, remain incomplete. At the same time, their additional affidavit indicates that the final GPF amount and leave encashment have already been paid to the legal heirs, whereas the remaining benefits, including death-cum-retirement gratuity and family pension, have not yet been disbursed.

24. The principal impediment pointed out by the respondents relates to the absence of the requisite death certificate or final/untraced report concerning Smt. Kasturi, who has been missing since December 2005. While her name continues to figure in the legal-heir certificate dated 10.05.2005, the applicants have relied upon the missing-person report and the passage of more than seven years to contend that she is presumed to be dead. In these circumstances, the respondents are by MAMTA WADHWA

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justified in verifying the status and entitlement of Smt. Kasturi in accordance with the applicable rules. However, such verification ought not, by itself, result in the entire claim of the other legal heirs remained indefinitely unattended, particularly where their individual entitlement can be determined under the applicable service and pension rules.

25. Accordingly, the O.A. is disposed of with a direction to the competent respondents to examine and determine, in accordance with the applicable rules, the individual eligibility and proportionate shares of the applicants in the admissible retiral benefits of Late Sh. Priya Swami, including the death-cum-retirement gratuity, and to release the amounts found payable to them within a period of three months from the date of receipt of a certified copy of this order. The share, if any, legally admissible to Smt. Kasturi shall be kept reserved and its disbursement deferred pending verification of her status and entitlement in accordance with law. The respondents shall not withhold the admissible shares of the applicants merely because the claim relating to Smt. Kasturi remains unresolved, to the extent that such shares are independently ascertainable and payable under the applicable rules.

26. As regards family pension, the respondents shall determine the entitlement of the applicants in accordance with the applicable rules, keeping in view the status and entitlement of Smt. Kasturi and the prescribed conditions governing payment to eligible children. The applicants shall cooperate in furnishing any requisite documents within their possession, and the respondents shall take appropriate steps with the concerned authorities to facilitate completion of the remaining formalities. Nothing in this order shall be construed as determining the by MAMTA WADHWA

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date of presumed death of Smt. Kasturi or conferring any entitlement contrary to the applicable rules. There shall be no order as to costs.

(SURESH KUMAR BATRA)

MEMBER (J)

Dated: 03.11.2026

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Digitally signed by MAMTA WADHWA