DULARIBAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Order dated 31.8.2005 passed by Central Administrative Tribunal, Jabalpur Bench, Jabalpur, is being assailed vide this writ petition. By impugned order, the Tribunal turned down the claim for family pension sought for by the petitioner vide O.A. No.330/2005 in lieu of death of Tularam Param.

(2.) Tularam Param was employed as watchman, in Engineering Department in Jabalpur Division, West Central Railway. He retired on attaining the age of superannuation on 15.3.1993. That, before his retirement Tularam Param submitted an affidavit to his employer on 26.10.1992 requesting them to delete the name of Dulari (petitioner herein) from his service book as she having deserted has been living with some one else since 1976. The English version of the text is as under :

(3.) That, in furtherance to the order dated 15.7.2004, the respondent Railways settled the Death-cum-Retirement Gratuity in favour of Hariram as also granted him the compassionate appointment .The claim of the petitioner for family pension was, however, declined as the petitioner failed to establish being widow and the legal heir of late Tularam.