LAWS(CA)-2015-8-26

NARANGI DEVI Vs. UNION OF INDIA AND ORS.

Decided On August 04, 2015
Narangi Devi Appellant
V/S
Union of India And Ors. Respondents

JUDGEMENT

(1.) THE Original Application is filed seeking to set aside Annexure A/1 order dated 08.10.2013, for a direction directing the respondents to allow the applicant to draw all retiral benefits of Shri Chhitariya and for a direction to the respondents to sanction family pension to the applicant w.e.f. 27.11.2000.

(2.) THE applicant, Smt. Narangi Devi, claimed to be the widow of deceased Govt. servant Shri Chhitariya, who was an employee in the Railway department. Shri Chhitariya expired on 26.11.2000. According to the applicant, deceased Govt. servant left behind him the applicant (Smt. Narangi Devi) and her daughter Ms. Manju Kumari. The applicant approached the official respondents claiming the retiral benefits of her deceased husband. Smt. Prem Devi (respondent No. 4) also approached the official respondents for releasing the retiral benefits of deceased Chhitariya in her favour claiming that she is a real wife of the deceased Govt. servant.

(3.) ANNEXURE A/1 order dated 08.10.2013 is passed by the respondent No. 2 pursuant to the directions issued by this Tribunal vide order dated 22.04.2013 in OA No. 496/2011. The respondent No. 2 considered the contentions of the applicant in detail and perused the relevant documents. The respondent No. 2 vide Annexure A/1 found that the succession certificate obtained by the applicant is without impleading Smt. Prem Devi (respondent No. 4) as a party -respondent. In the circumstance, the respondent No. 2 vide Annexure A/1 directed the applicant to obtain fresh succession certificate from the competent court by impleading Smt. Prem Devi as a party -respondent and further directed to produce such a certificate to the office for further action.