Original Application No. 518 of 2012. Case: Kanyavati Vs Union of India. Central Administrative Tribunal

Case NumberOriginal Application No. 518 of 2012
CounselFor Appellant: T.S. Pandey and For Respondents: Bashist Tiwari
JudgesJasmine Ahmed, Member (J)
IssueAdministrative Tribunals Act, 1985 - Section 19; Hindu Marriage Act, 1955 - Section 5(I)
Judgement DateJuly 02, 2014
CourtCentral Administrative Tribunal


Jasmine Ahmed, Member (J), (Allahabad Bench)

  1. Heard Shri T.S. Pandey, learned counsel for the applicant and Shri Bashist Tiwari, learned counsel for the respondents.

  2. By way of this original application filed under section 19 of Administrative Tribunals Act 1985, the applicant has prayed for the following reliefs:

    1. Issue a writ, order or direction in the nature of certiorari, quashing the order dated 15.03.2012(Annexure No. 1) with the further order or direction in the nature of mandamus commanding the Respondents to pay the Provident Fund, Gratuity, Bonus, Insurance etc. and fix the family pension of the applicant and pay the same with arrears and interest 12% per annum, within a stipulated period whatever is fixed by this Hon'ble Court.

    2. Issue such other suitable order or direction as might be found just and proper in the facts and circumstances of the case.

    3. Award costs of this Original Application in favour of the applicant throughout.

  3. The brief facts of the case are that the husband of the applicant Late Shri Angan Lal who was discharging his duties as Points Man / Cabin Man at Railway Station, Lal Kuan died on 20.01.2011. After the death of Late Shri Angan Lal, the applicant herein has prayed for a direction directing the respondents to pay the Provident Fund, Gratuity, Bonus, Insurance etc. and also to pay her family pension. The applicant herein was living with Late Shri Angan Lal as his wife. The applicant vide applications dated 14.02.2011 and 25.03.2011 moved application for payment of all dues due to her on demise of Late Shri Angan Lal and also to pay her family pension. On getting the representation the respondent no. 2 vide letter dated 15.09.2011 directed the applicant to submit the proof of marriage certificate of the applicant with Late Shri Angan Lal, copy of death certificate of Shri Angan Lal, and also the death certificate of erstwhile wife of Late Shri Angan Lal. He also directed the applicant to file an affidavit stating therein as to when the applicant was married with Late Shri Angan Lal. The applicant submitted all the documents and also filed a notary affidavit stating that she was never married to anybody prior to Late Angan Lal. She also produced the registered will deed and the certificate issued by Gram Pradhan dated 12.09.2011. The counsel for the applicant also states that during the life time the applicant's husband Late Shri Angan Lal executed registered will dated 20.11.2010...

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