O.A. 2121 of 2004. Case: Mahadev Prasad Tyagi and Ors. Vs Union of India (UOI) and Anr.. Central Administrative Tribunal

Case NumberO.A. 2121 of 2004
CounselFor Appellant: K.N.R. Pillai, Adv. and For Respondents: R.L. Dhawan, Adv.
JudgesMeera Chhibber, Member (J)
IssueGuardians and Wards Act - Section 7; Railway Services (Pension) Rules, 1993 - Rules 15, 55, 65, 69, 75 and 107
Citation2005 (3) SLJ 339 (CAT)
Judgement DateMarch 01, 2005
CourtCentral Administrative Tribunal

Order:

Meera Chhibber, Member (J), (Principal Bench, New Delhi)

  1. By this O.A. applicant has sought the following reliefs:

    (i) Grant Hospital Leave to Shri Munish Kumar Tyagi from 23.11.92 to 14.3.96;

    (ii) Release his settlement dues including Invalid Pension, DCRG, Provident Fund, Insurance Money etc., which became due on 14.3.1996, without making any cut;

    (iii) Grant family pension to the employee's 2 children from 12.9.2001 onwards;

    (iv) Register the name of Mayank Tyagi, the son of the dead employee who was 11 years old at the time of his father's death, for Compassionate appointment on his attaining majority. Since priority for such appointment is reported to be on the basis of the date of registration, the registration in this case should be from 20.11.98, the date the grand father as his guardian submitted the application (Annexure A - VIII);

    (v) For the unconscionable delay in making any payment at all to the employee who suffered serious head injury on duty and was hospitalised and was in coma till 12.9.2001 when he died, the respondents should be liable to grant interest at 12% compounded annually as per the Presidential order at Annexure A - XV.

    (vi) Cost may also be awarded in favour of the applicants.

  2. It is submitted by applicant No. J that his son Shri Munish Kumar Tyagi, who was working as 2nd Fireman fell down from the locomotive, on 23.11.1992 while on duty and sustained serious head injury which is evident from Annexure A-III. Therefore, he was shifted to the Railway Divisional Hospital at Moradabad. From there, he was transferred to the Northern Railway, Central Hospital at New Delhi and from there, he was further referred to the RML Hospital where he was treated by the Neuro Surgeon as he was in Coma. The patient was not responding to the treatment and was in the same condition. Therefore, he was discharged on 15.1.1993 and was taken by his father i.e. the applicant herein to his house in Subhash Nagar in Uttranchal where he was being treated by the Divisional Medical Officer, Northern Railway, Haridwar. On 20.8.1993, applicant No. 1 gave a representation to the General Manager, Northern Railway to at least give him the expenses of his son's treatment as no payment was being made by the Railways but no reply was given to him. Ultimately, the Medical Board constituted by the Northern Railway declared his son to be permanently unfit for service. Accordingly, he was invalidated vide certificate dated 30.1.1996 (page 30).

  3. The DRM, Northern Railway, Moradabad issued notice dated 27.3.1996 referring to the Deputy Chief Medical Director, Hd.Qrs. Office letter dated 30.1.1996 wherein it was suggested that Shri Munish Kumar Tyagi having been declared unfit for any job in Railways should be invalidated/retired. Therefore, he may be asked to hand over charge of Railway Property at once and settlement papers be sent to the Settlement Section. He may also be asked to vacate the Railway quarter within one month, if any under his occupation, failing which it will be treated as unauthorised occupation and rent at outsider rates will be recovered from his settlement dues. One set of complementary pass shall also be forfeited for unauthorised occupation of every one month (page 31). The applicant herein on receiving copy of this notice immediately wrote back on 13.2.1998 informing the authorities that his son is in Coma for the last over many years and is living with him in his house at Subhash Nagar in Uttranchal. Therefore, neither his son nor grand children are living in Railway quarter. His wife had already died earlier. He does not know who is living in the Railway Quarter nor has anything to do with the said quarter. Therefore, he is not liable to pay any rent for occupation of Govt. quarter (page 32). Ultimately, applicant's son, namely, Shri Munish Kumar Tyagi died on 12.9.2001 when he was still in Coma leaving behind two minor children as his wife had already predeceased him.

  4. It is submitted by the applicant that he got a guardian certificate for his grand children from the Court of Additional District Judge, Haridwar on 4.9.1998 under Section 7 of the Guardians and Wards Act whereby Shri Mahadev Prasad Tyagi (applicant) was declared to be the guardian of two minor children of Shri Mukesh Kumar Tyagi (page 40). After the death of his son, all settlement dues were to be paid to the applicant as Shri Mukesh Kumar Tyagi's children were still minor and he had already been declared their legal guardian, but to his utter surprise, the Department sent him a letter dated 7.7.2004 whereby he was informed that since Shri Mukesh Kumar Tyagi had worked for less than 10 years, no pension is payable, no leave encashment is due, only an amount of Rs. 1346/- is payable on account of insurance and an amount of Rs. 15903/- on account of DCRG. The total payable amount comes to Rs. 17,249/- but he is liable to pay all amount of Rs. 44,600/- on account of unauthorised occupation of the Railway quarter. Therefore, after deducting the amount of Rs. 17,249/- from an amount of Rs. 44,600/-, he would be liable to pay back Rs. 27,351/-to the Railway Station Booking Office. Hence, he may deposit the said amount and take the receipt thereof. In the note under this letter, it was mentioned that Railway Quarter No. T-49A was allotted to...

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