LAHORE, Oct 17: The City District Government Lahore has paid the withheld commutation of Rs67,678 to the widow of an employee after eight years on the orders of Punjab Ombudsman Abdur Rashid Khan.

Complainant Aziz Begum submitted that her husband Darshan Masih died on Dec 13, 1998, after serving as a Lorry Baildar in Solid Waste Management.

He had applied for retirement on medical grounds before his death but no action had been taken on the request till his death. The orders of his retirement with effect from Nov 19, 1998, were, however, issued after his death.

She said she was entitled to payment of commutation of Rs122,028 in accordance with the finance department notification, but she was paid only Rs61,014.

The SWM district officer said in his response that deceased Darshan Masih retired on Nov 23, 1998, and expired on Dec 13 the same year before signing his pension papers. His widow had not only been paid Rs61,104 as commutation, but was also being paid the family pension.

The complainant pointed out that the family of a deceased government servant failing to sign the retirement papers after invalidation by the medical board was entitled to the payment of commuted value of pension in accordance with the notification of the finance department.

The DDO (accounts) submitted that an invalidated government servant expiring before signing the pension papers was eligible for gratuity to one-fourth of gross pension in accordance with the latest commutation table issued by the finance department on Feb 28, 2002. The complainant could not claim benefit under the notification as her husband had expired before it was issued, he argued.

The ombudsman observed in his decision that Darshan Masih was invalidated by the medical board on Nov 11, 1998 and he expired after 28 days. His retirement, though ordered retrospectively with effect from Nov 19, 1998, was approved on Jan 1, 1999 when he was already dead.

How could he have signed his pension papers and opted for commutation under the circumstances was beyond understanding.

If the competent authority had passed the retirement orders before his death, the notification would have been relevant in the case.

The heirs of the deceased should, therefore, be paid the commuted value of the pension at full rate instead of 25 per cent because its denial was unjust and oppressive.

Subsequently, the CDGL filed a representation with the governor who rejected it and the withheld dues were paid to the complainant.