BELI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Shri Arvind Srivastava, learned counsel for the petitioner and Shri Vivek Singh, learned counsel for the respondents.

(2.) BY means of this writ petition, the petitioner has challenged the judgment and order dated 25.11.2011 passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad in O.A. No.1574 of 2009 as also the order dated 28.2.2012 passed by the respondent authority rejecting her claim for grant of family pension consequent to the death of her alleged husband Mishri Lal.

(3.) LATE Mishri Lal was employed as chargeman under the respondents no.1 to 5. He attained the superannuation on 31.1.1990. The pension payment order was issued to him in pursuance of which he received the pension after his retirement. Shri Mishri Lal died on 13.11.2000. The petitioner claiming herself to be the wife of Mishri Lal requested for payment of family pension as per rules by moving an application in this regard. The matter was considered in Pension Adalat held on 19.12.2001. As per the decision of the Pension Adalat, she was required to submit succession certificate. The said decision was communicated to her vide letter dated 4.1.2002, consequently, she filed an application under Section 372 of the Indian Succession Act, which was registered as Case No.19/2002. The alleged first wife of Mishri Lal, namely, Smt. Safed Munni and her brother Suraj Lal were also impleaded as party therein. The application of the petitioner was accepted and succession certificate was issued, a copy of which is annexed at page 44 of the writ petition. A perusal of the said succession certificate reveals that it is in respect of an amount of Rs.21224/ - plus interest and family pension. The said succession certificate has been issued in favour of the petitioner and her children. Inspite of submission of the said succession certificate before the respondent authority, the family pension was not paid to the petitioner. An application for recall of the order passed in the succession proceedings is said to have been filed by Shri Suraj Lal, brother of late Safeed Munni, which was rejected on 9.4.2008.