KANDO DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Sri Gajendra Tripathi, Advocate for the petitioner as well as Sri Raman Kumar Sah, Standing Counsel for the Union of India.

(2.) ON a query made by this Court to the counsel for the petitioner Sri Gajendra Tripathi as well as counsel for the Union of India Sri Raman Kumar Sah as to whether the matter is cognizable by the Central Administrative Tribunal, the counsel for the petitioner has stated that the matter is not cognizable by the Central Administrative Tribunal and the only remedy to the petitioner is before this Court. Learned counsel for the Union of India Sri Raman Kumar Sah accepts this position that the remedy to the petitioner lies before this Court alone. ON these preliminary submissions this Court proceeds further.

(3.) THE present Area Organiser, SSB, Lohaghat filed a counter affidavit stating that the reason for not granting the family pension to the petitioner is that the husband of the petitioner only a few days prior to his retirement had given an affidavit stating that the name of his wife i.e. the petitioner be deleted from his service record as nominee and the names of his two sons, namely, Arjun Singh and Shemsher Singh be substituted in her place. THE reasons given were that his wife is not residing with her for the last three years and in fact she is living with his brother Sri Mor Singh. Based on this reason alone the family pension was denied to the petitioner.