Original Application No. 291/00443/2014. Case: Narangi Devi Vs Union of India and Ors.. Central Administrative Tribunal

Case NumberOriginal Application No. 291/00443/2014
CounselFor Appellant: P.N. Jatti, Counsel and For Respondents: Y.K. Sharma, Counsel
JudgesHarun-Ul-Rashid, J. (Member (J))
IssueAdministrative Tribunals Act, 1985 - Section 21; Limitation Act, 1963 - Section 14, Limitation Act, 1963 - Section 5
Judgement DateAugust 04, 2015
CourtCentral Administrative Tribunal

Order:

Harun-Ul-Rashid, J. (Member (J))

  1. The Original Application is filed seeking to set aside Annexure A/1 order dated 08.10.2013, for a direction directing the respondents to allow the applicant to draw all retiral benefits of Shri Chhitariya and for a direction to the respondents to sanction family pension to the applicant w.e.f. 27.11.2000.

  2. The applicant, Smt. Narangi Devi, claimed to be the widow of deceased Govt. servant Shri Chhitariya, who was an employee in the Railway department. Shri Chhitariya expired on 26.11.2000. According to the applicant, deceased Govt. servant left behind him the applicant (Smt. Narangi Devi) and her daughter Ms. Manju Kumari. The applicant approached the official respondents claiming the retiral benefits of her deceased husband. Smt. Prem Devi (respondent No. 4) also approached the official respondents for releasing the retiral benefits of deceased Chhitariya in her favour claiming that she is a real wife of the deceased Govt. servant.

  3. The applicant earlier filed OA No. 496/2011 before this Tribunal seeking a direction directing the respondents to sanction the family pension w.e.f. 27.11.2000 with arrears in her favour and also prayed for disbursement of the retiral benefits of her husband. Tribunal disposed of the OA vide order dated 22nd April, 2013. In that OA also, Smt. Prem Devi was respondent No. 4. After hearing the applicant and respondents, this Tribunal directed the applicant to file a fresh representation before the official respondents along with a copy of the succession certificate issued by the Additional District Judge, Bayana, District Bharatpur. In the event of filing of such a representation, this Tribunal directed the official respondents to examine the representation as well as the succession certificate issued in favour of the applicant and then decide the representation by a speaking and reasoned order according to the provisions of law within a period of three months from the date of receipt of the representation. It was also made clear that the applicant would be at liberty to file substantive OA, if any prejudicial order is passed by the respondents.

  4. Annexure A/1 order dated 08.10.2013 is passed by the respondent No. 2 pursuant to the directions issued by this Tribunal vide order dated 22.04.2013 in OA No. 496/2011. The respondent No. 2 considered the contentions of the applicant in detail and perused the relevant documents. The respondent No. 2 vide Annexure A/1 found...

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