UNION OF INDIA AND OTHERS Vs. SMT. LEELA

JUDGEMENT

(1.) Invoking extra-ordinary jurisdiction of this Court under Articles 226/227 of the Constitution of India, Petitioners have prayed for issuance of a writ in the nature of certiorari for quashment of the order dated 1.11.2002, passed by the Central Administrative Tribunal in O.A. No. 860/2000 by which the appellants have been directed to grant the benefit as offered by letter dated 27.10.72 (Annexure A. 3) to the respondents within a period of 3 months provided she deposited the amount asked for.

(2.) A brief resume of the facts required to be stated for disposal of the writ petition is as follows. Late Shri Durjan husband of the petitioner was SS fitter of HIRA at Bhunar, District Mirajpur within the jurisdiction of northern railways. He died in harness. Late Durjan was a member of State Railway Provident Fund Scheme. Petitioner No. 3 issued a letter dated 27.10.1972 informing the respondent that the railway board has decided to allow the pensionary benefits along with the benefit of the Family Pension Scheme, 1964 in lieu of State Railway Provident Fund Benefits. In case the respondent desires to opt for the same she may give her option. It was also informed to the respondent that she will be entitled to get DCRG of Rs. 1397.00 in lump sum and monthly family pension @ of Rs. 64.00 from 1.8.74 to 31.7.74 and thereafter @ Rs. 40 per month. This communication further stated that in case the respondent opts for advantage of pension rules in lieu of State Railway Provident Fund Rules she will have to deposit Rs. 1552.00 being the excess amount of total of State contribution to the Provident Fund (Part) and P.F. bonus. It was also stated that the option and money receipt of deposit of Rs. 1552.00.00 should be received within a period of one month from the date of the receipt of the letter.

(3.) Respondent submitted a letter dated 16.11.72 (Annexure A.4) in which it was stated by her that she has no means of livelihood and was suffering from very abject poverty, therefore, it is not possible for her to make a refund of Rs. 1552.00 in lump sum. She prayed that payment of gratuity and pension to her has become due and the same can be adjusted towards the amount of Rs. 1552.00. This prayer of the respondent was rejected as per letter dated 5-6/12/1972. It was informed to the respondent that rules do not permit the adjustment suggested by her and she was again advised to deposit amount of Rs. 1552.00.00 in any booking office of the northern railways.