UNION OF INDIA Vs. NAMITA GHOSH

JUDGEMENT

(1.) The Union of India and the authorities of South East Central Railway feeling aggrieved by the order of the Central Administrative Tribunal, Jabalpur Bench, Jabalpur (for short "the Tribunal") dated 9th September, 2004 passed in Original Application No. 906 of 2002 have preferred this writ petition under Articles 226 and 227 of the Constitution of India.

(2.) The facts of the case, in brief, are as follows:

(3.) Before the Tribunal, the petitioners herein contested the Claim of the first respondent by filing return. On behalf of the administration of the South Eastern Railway, it was contended that the husband of the first respondent did not exercise the option till his death on 4-1-1981 and therefore, the benefit of the Family Pension Scheme could not be extended to the first respondent.