MAYA BANERJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard.

(2.) The challenge in this writ petition is to the order dated 9/3/2016 (Annexure P/1) passed by the learned Central Administrative Tribunal, Jabalpur (for short 'the Tribunal') whereby a petition preferred by the wife (petitioner herein) for retiral dues of the deceased K.M. Banerjee, an employee of Railways was dismissed on the ground that the petition is barred by limitation. Further observation was made that the fact of death of husband of the petitioner was not brought to the notice of the respondent authorities when disciplinary proceeding commenced against him for absconding from duty. As such, the respondent authorities could not know such facts. It was held that the employee K.M. Banerjee (deceased), who was working in Railways was dismissed on 10/10/2001, whereas the application was filed before the learned Tribunal on 06.08.2014.

(3.) The brief facts which were pleaded before the learned Tribunal that the petitioner is the wife of one K.M. Banerjee, who died on 12.11.2000 while he was in Railway service. He was transferred from Dadhapara Station to Chirimiri in the year 1993 and was working as Lever Man (LM). Subsequently, K.M. Banerjee was absent from his duties from September 1993 and eventually was dismissed from service on 10.10.2001. It was stated that after death of the petitioner's husband, she started living at Kolkata along with her brother and went under mental depression and lost her mental equilibrium. It was further pleaded that she is an illiterate lady and in the year 2010, she came back from Kolkata and submitted her claim before the authorities regarding dues payable towards G.P.F., Gratuity, Employee's Insurance etc. On an application being filed the dues were not released and subsequently on an application filed under RTI, it was informed by letters dated 25.07.2013 and 27.08.2013, that her husband was dismissed from his service on 10.10.2001, whereas it was the case of petitioner that husband had died prior to commencement of departmental enquiry on 12.11.2000. Consequently, on the basis of a departmental enquiry which was proceeded ex-parte, the dismissal order was passed.