UNION OF INDIA Vs. KARTAR KAUR

JUDGEMENT

(1.) The delay of 175 days in filing the special leave petition is condoned.

(2.) This petition is directed against order dated 15.1.2008 of the learned Single Judge of Punjab and Haryana High Court whereby he declined to entertain the second appeal filed by the Petitioners against judgment and decree dated 21.12.2006 passed by Additional District Judge, Bhatinda (hereinafter described as, "the lower appellate Court") who partly allowed the appeal preferred by the Petitioners against the judgment and decree passed by Civil Judge (Junior Division), Bhatinda (hereinafter described as, "the trial Court").

(3.) The Respondent's husband Shri Kartara, who was employed as Gatekeeper in the Northern Railway, was compulsorily retired on 14.1.1970. After one year and four months, Shri Kartara died leaving behind his widow, who being a rustic village woman had no idea about her right to receive monitory benefits in lieu of the services rendered by her husband. After many years, some well-wisher appears to have advised the Respondent to represent to the railway authorities for payment of family pension etc. The Respondent accordingly submitted application dated 19.3.2002 to the Divisional Railway Manager, Northern Railway for grant of pension, gratuity, provident fund, medical allowance, group insurance amount and other benefits including family pension, but did not evoke any response from the concerned authority. She then filed suit, which was registered as Suit No. 769/2004 for grant of a declaration that she is entitled to monetary benefits i.e., family pension, gratuity etc.