Petitioners, family pensioners of deceased Food Transferees, sought termination benefits via CDA calculation. Dismissing delay arguments, the court followed prior High Court precedent and directed respondents to pay arrears and revise CDA with interest.
Direct payment of terminal benefits with CDA revision and interest from 01.10.2016.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.04.2019
CORAM
THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM
W.P.No.2914 of 2019
1.Mrs.P.K.Prabhavathy
2.Mrs.R.Leelamony
3.Mrs.Kalyanikutty
4.Mrs.Annakutty
5.Mrs.M.P.Kali @ Thankam ... Petitioners
Vs
1.Union of India,
Represented by its Secretary- Food,
Ministry of Consumer Affairs,
Food and Public Distribution,
Department of Food and Public Distribution,
Krishi Bhawan,
New Delhi – 110 001.
2.The Director,
Ministry of Consumer Affairs,
Food and Public Distribution,
Department of Food and Public Distribution,
Krishi Bhawan,
New Delhi – 100 001.
3.The Regional Director (Food),
Ministry of Consumer Affairs,
Food and Public Distribution,
Department of Food and Public Distribution,
Officer of the Regional Director (Food),
Southern Region,
No.3, Haddows Road,
Chennai – 600 006.
4.The pay and Accounts Officer,
Ministry of Consumer Affairs,
Food and Public Distribution,
Department of Food and Public Distribution,
Shashtri Bhavan,
Chennai – 600 006. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent bearing F.No.18011/3/2010-FC.3 dated 24.09.2010 in so far as it fixes a period of four weeks' time from the date of publication in newspapers calling for claims/representations for settlement of the terminal benefits payable to retired Food Tansferee's, quash the same and consequently direct the respondents to forthwith release the terminal benefits payable to the petitioner's, being family pensioners subsequent to the death of their respective husbands who were Food Transferees and had opted for terminal benefits admissible to the employees of the Central Government, calculated on the basis of Central Dearness Allowance (CDA) relief as directed by the Hon'ble Supreme Court of India in its Judgment dated 10.02.2010 passed in Civil Appeals Nos.238-44 of 2004 batch of cases reported in 2010(12) SCC 405.
For Petitioners : Mr.K.Manikandan
The relief sought for in the present writ petition is to quash the order passed by the 2nd respondent proceedings dated 24.09.2010 and direct the respondent to release the terminal benefits payable to the petitioners being family pensioners to the death of their respective husbands who were Food Transferee's and had opted for terminal benefits admissible to the employees of the Central Government, calculated on the basis of Central Dearness Allowance (CDA) relief as directed by the Hon'ble Supreme Court of India in its Judgment dated 10.02.2010 passed in Civil Appeals Nos.238-44 of 2004 batch cases reported in 2010 (12) SCC 405.
2.The issues raised in the present writ petition was already adjudicated by this Court elaborately and a final order was passed in W.P.Nos.35827 to 35856 of 2015 dated 01.10.2018 and the present writ petition is also similarly placed and accordingly they are entitled to get a relief as granted in the batch of writ petitions sited supra and the related paragraphs are extracted hereunder:
“21. This Court is of an opinion that some force in the said contention made by the learned Additional Solicitor General of India, in view of the fact that the Courts are also bound to consider the financial implication of the State while granting
arrears to the employees. It is not as if the Court can grant relief without reference to the financial implications. The Apex Court time and again reiterated that, while granting such retrospective relief, the Courts are bound to consider the financial implications, since the payment of huge arrears from the tax payers money is also a concern to the Government of India. However, in respect of the arguments advanced by the learned Additional Solicitor General of India, regarding the entitlement of the writ petitioner to get the same benefit on a par with the respondents before the Supreme Court, this Court has no hesitation to conclude that such an arguments deserves no merit consideration. In short, the entitlement of the writ petitioners are already concluded by the Apex Court of India. The only ground on which the respondents advanced their arguments are that in respect of notification issued by the Food corporation of India, the petitioners herein had not responded for more than five years.
basis and therefore, the petitioners are entitled for the same.
4.Accordingly, the Writ Petition stands disposed of. However, there shall be no order as to costs.
Sd/Assistant Registrar(CS-IV)
//True copy//
Sub Assistant Registrar
jas/pns
To
1.The Secretary- Food, Union of India, Ministry of Consumer Affairs, Food and Public Distribution, Department of Food and Public Distribution, Krishi Bhawan, New Delhi – 110 001. 2.The Director, Ministry of Consumer Affairs, Food and Public Distribution, Department of Food and Public Distribution, Krishi Bhawan, New Delhi – 100 001. 3.The Regional Director (Food), Ministry of Consumer Affairs, Food and Public Distribution, Department of Food and Public Distribution, Officer of the Regional Director (Food), Southern Region, No.3, Haddows Road, Chennai – 600 006. 4.The pay and Accounts Officer, Ministry of Consumer Affairs, Food and Public Distribution, Department of Food and Public Distribution, Shashtri Bhavan, Chennai – 600 006. +6cc to Mr.K.Manikandan, Advocate SR.No.38347 +1cc to Mr.C.V.Ramachandramurthy, Advocate SR.No.38533
W.P.No.2914 of 2019
CP(CO) GMY(28/06/2019)
3 issues framed by the court
Whether family pensioners of retired Food Transferees are entitled to terminal benefits calculated on the basis of Central Dearness Allowance (CDA) similar to respondents before the Supreme Court.
Whether delay in filing claims by petitioners bars the grant of relief for pensionary benefits when the cause is continuous.
Direction to respondents to release terminal benefits and revise Central Dearness Allowance with interest from 01.10.2016.
Colour shows how this judgement treated each authority
Union of India & another, Vs. P.N.Natarajan and othersFollowed¶18
2010(12) SCC 405 · Who else cites this
Mrs.P.K.Prabhavathy
Mrs.R.Leelamony
Mrs.Kalyanikutty
Mrs.Annakutty
Mrs.M.P.Kali
Union of India
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
