Case Note & Summary
The petitioner, Smt. Tilottama Sharad Bansi, is the widow of Sharad Ramlal Bansi, who was employed as an assistant teacher at respondent No.5 school (P.R. High School, Dharangaon) as a permanent employee. He died on 26 September 2020 at Gold City Hospital, Jalgaon due to Covid-19. After his death, the petitioner applied to respondent No.3 (Education Officer, Zilla Parishad, Jalgaon) for payment of gratuity and other benefits, and also sought commencement of pension in her favour. However, no action was taken by respondent Nos.2 to 5 (Chief Executive Officer, Zilla Parishad, Jalgaon; Education Officer; P.R. High School Society; and P.R. High School). The petitioner also filed Civil Misc. Application No.585 of 2020 before the Civil Judge, Junior Division, Dhule for issuance of a heirship certificate. In that proceeding, respondent No.6 (Smt. Mathabai Ramlal Bansi, mother of the deceased) filed an application under Order 1 Rule 10 CPC for impleadment, and was added as a party. The petitioner then filed the present writ petition seeking a writ of mandamus directing respondents to pay pension and pensionary benefits including gratuity, leave encashment and other benefits. The court considered the submissions of the parties. The petitioner argued that she is the legally wedded wife and sole heir, and the pensionary benefits should be paid to her. The respondents, particularly respondent No.6, contended that there is a dispute regarding heirship and the matter is pending before the civil court. The court held that the pensionary benefits are a continuing right and the petitioner, being the widow, is entitled to receive them. The pending civil dispute over heirship does not bar the payment of pension to the widow. The court directed respondent Nos.2 to 5 to pay the pension and pensionary benefits including gratuity, leave encashment and other benefits to the petitioner within a stipulated period. The court also observed that if any other person claims entitlement, they may approach the civil court, but that does not affect the present direction.
Headnote
A) Service Law - Pensionary Benefits - Right to Pension - Writ of Mandamus - The petitioner, widow of a deceased assistant teacher, sought direction to respondents to pay pension, gratuity, leave encashment and other benefits. The court held that pensionary benefits are a continuing right and the petitioner is entitled to receive them as the widow. The pending civil dispute over heirship certificate does not preclude payment of pension to the widow. (Paras 1-10) B) Civil Procedure - Impleadment - Order 1 Rule 10 CPC - The respondent No.6 (mother of deceased) filed application for impleadment in heirship proceeding. The court noted that the dispute over heirship is pending before civil court, but that does not affect the right of the widow to claim pensionary benefits from the employer. (Paras 3-5) C) Constitutional Law - Right to Property - Article 300A - Pension is a property right and cannot be denied without authority of law. The court directed respondents to pay pension and other benefits to the petitioner within stipulated period. (Paras 8-10)
Issue of Consideration
Whether the petitioner, widow of a deceased assistant teacher, is entitled to pension and pensionary benefits from the respondent school and authorities, and whether the pending civil dispute regarding heirship certificate bars such payment.
Final Decision
The court allowed the writ petition and directed respondent Nos.2 to 5 to pay pension and pensionary benefits including gratuity, leave encashment and other benefits to the petitioner within a stipulated period.
Law Points
- Pensionary benefits are a continuing right
- Writ of Mandamus can be issued to compel payment of pension and gratuity
- Pending civil dispute over heirship does not bar payment of pension to widow
- Right to pension is a property right under Article 300A of Constitution of India
