R RAJESWARAMMA Vs. C SADA VARALAKSHMI

JUDGEMENT

(1.) This CMA is filed questioning the order, dated 7.5.2003, passed by the Court of Senior Civil Judge, Kadapa, in O.P.No.41of 1999.

(2.) The 1st respondent is the wife and the 2nd respondent is the son of late Ravuri Srihari Rao, who was employed as Senior Auditor in the South Central Railway. Sri Srihari Rao died on 31.10.1998. Respondents submitted a claim before the concerned authority for payment of pension and other benefits. Similar claim was made by the appellants, who are the sister and brother, respectively, of the deceased employee. It was in this context, the respondents filed the O.P., under Section 372 of the Indian Succession Act, before the Trial Court, for grant of succession certificate so as to enable them to receive pension and other benefits of the deceased employee. The Trial Court decreed the O.P., and held that the Respondents 1 and 2 are entitled to receive the pensionary benefits of the deceased employee.

(3.) Sri K. Lakshmi Narasimha, learned Counsel for the appellants submits that the Trial Court did not have the jurisdiction to entertain the O.P., since it related to the service benefits of the deceased employee. Placing reliance upon Sections 14 and 3(q) of the Administrative Tribunals Act, 1985 (hereinafter referred to as 'the Act'), learned Counsel submits that the jurisdiction of all the Courts except that of the Supreme Court is ousted in relation to adjudication of disputes touching on service matters relating to Central Government employees. It is his contention that payment of pension comes within the definition of "Service Matters" under Section 3(q) of the Act, and the O.P., itself was not maintainable. He also contends that being the dependants of the deceased employee, the appellants were also entitled to be recognized as successors along with Respondents 1 and 2.