UNION OF INDIA Vs. KUNTAL KUMARI

JUDGEMENT

(1.) The petitioners, Union of India and others through Secretary, Ministry of Commerce and Industry has challenged the order dated 15th April, 2009 passed by Central Administrative Tribunal, Principal Bench directing the petitioners to consider the case of the respondent and to release retiral benefits as gratuity and provident fund for the services rendered by her husband between the years 1955 to February, 1971 and if the same had not been paid earlier then to pay the same with interest @ 6% p.a.

(2.) Brief facts relevant for comprehending the disputes are that the husband of the respondent was appointed as LDC in the year 1955 by direct recruitment and he was given one promotion to the post of UDC in the year 1960. On some allegation and implication in a false case, he was removed from service in the year 1971. Respondent contended that her husband made repeated representation, however to no purpose. The respondent further asserted that a letter dated 1st March, 1973 regarding reinstatement of her husband which was received by her husband on 14th December, 1992. However, her husband died on 1st May, 2007, thereafter, the respondent sought retiral benefits on account of service rendered by her husband which were declined and therefore, the respondent filed an original application before the Central Administrative Tribunal, Principal Bench.

(3.) The petitioners had contested the petition before the Tribunal on the ground that the husband of the respondent was removed from service on 6th February, 1971 and the claim of the respondent was also barred by time. It was asserted that the claim of the respondent was considered and rejected.