KIRAN Vs. SUDESH

JUDGEMENT

(1.) THIS petition impugns an order dated 30th September, 2011 which dismissed the petitioner's application under Order VII Rule 11 CPC seeking dismissal of the suit filed by the respondents No. 1 to 4. The latter had filed a suit seeking following declarations:

(2.) IN that suit, the plaintiffs' case was that her first husband Mr. Rajbir, who was employed with Central Water Commission as daily wager, had passed away on 26.10.1989. Three children i.e. plaintiff nos. 2, 3 and 4 were born from that wedlock. After the demise of Rajbir, she married Satpal, who was the brother of her late husband. Satpal worked as a Chowkidar with Central Water Commission. He died on 10.06.2010. Plaintiff No. 1 Sudesh and her three children sought release of GPF, gratuity etc. from the employer Central Water Commission. However, the Commission replied stating that in their records, the present petitioner Smt. Kiran (defendant No.2) was the nominee of Sh. Satpal. In view of the conflicting claims, all payments had been withheld by the Central Water Commission leading to the filing of the suit seeking the aforesaid declaration.

(3.) THE Trial Court was of the view that the issues before it were (i) whether the plaintiff No. 1 was the legally wedded wife of late Shri. Sat Pal and (ii) whether the plaintiffs No. 2 to 3 were their children. These two issues could not be considered as "service matters" as per Section 3 (q) of the Administrative Tribunals Act, 1985. It was further of the view that the nature of cases detailed in the Schedule to the aforesaid Appendix -1 are restricted only to whether an employee of the Central or State Government is entitled to grant of pension or not. It was of the view that in the suit the dispute was between two women, both claiming to be the legally wedded wife of late Sh. Sat Pal, hence it could not be deemed to be a service matter.