TRIPTA GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) In the present case, the petitioner challenges the order dtd. 7/1/2019 passed by the Central Administrative Tribunal (hereinafter referred to as "Tribunal") Principal Bench, New Delhi and also seeks quashing of order dtd. 11/1/2018 passed by the Executive Engineer, CPWD.

(2.) The petitioner claims to be the second wife of the deceased " Late Sh. Ashok Kumar Gupta, who was serving as UDC in respondent No. 3/ CPWD. On 16/3/2017, Late Sh. Ashok Kumar Gupta died in harness. The petitioner on that premise is seeking the pensionary benefits, which she claims she is entitled to. Respondent Nos.1 to 3 are official respondents and respondents No.4 and 5, namely, Ms. Anjali Gupta and Mr. Nikhil Gupta are the children of deceased " Late Sh. Ashok Kumar Gupta from his first marriage.

(3.) It is not disputed that Late Sh. Ashok Kumar Gupta did not inform respondent No. 3/CPWD about the fact of his re-marriage with the petitioner. It is also on record that respondent No.4 - Ms. Anjali Gupta has been shown as nominee in the nomination papers submitted by Late Sh. Ashok Kumar Gupta. It is also un-disputed that the petitioner's Aadhar Card and CGHS medical card show her as wife of Late Sh. Ashok Kumar Gupta.