MARJADDI Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) The petitioner's husband - Late Kam Singh, while working as a Cabin Man with the Railways died in harness on February 26, 1990. The sanction of pension etc. except the death-cum- retirement gratuity was made to the petitioner by the department. The gratuity was withheld on the pretext of the petitioner having retained the Railway quarter till 1992. It is contended that she had initially requested the authorities for retention of the quarters for a period of six months which was allowed. But later on, when she was to vacate it, she gave the intimation to the authorities after the expiry. of six months period. Nobody from the department came to take the possession from her. The authorities, however, took possession of the Railway quarter from the petitioner only on August 27, 1992. The death-cum-retirement gratuity was not paid for several years even after the petitioner made repeated requests to that effect to the D.R.M. concerned. The authorities later on gave direction for deduction of damages for retention of the quarters by the petitioner from out of the death gratuity; amounts. The request of the petitioner when did not yield results she filed the Original Application before the respondent-Tribunal.

(2.) The original application was contested by the respondents before the Tribunal which after giving due hearing to the parties, gave findings that the gratuity should be paid after deduction of the dues and claims which are to be recovered by the department as damages for the retention of the Government quarters and passed the impugned Judgment.

(3.) Aggrieved with the aforesaid judgment of the Tribunal, the petitioner has approached this Court under Article 226 of the Constitution of India.