SANDHYA CHAKRABORTY Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in this petition is to the decision of the Central Administrative Tribunal, Calcutta Bench in O.A. No. 1182 of 1996 delivered on 17th March 1999. The petitioner claims that her husband was employed with the respondents as a porter under the Eastern Railways from 24th April 1962 and was posted as a regular porter on 27th April 1964. Her husband died in harness on 8th October 1965. No family pension or other service benefits were paid to her. The petitioner claims that she learnt for the first time in April 1989 that she was entitled to family pension on account of the death of her husband.

(2.) Aggrieved by the decision of the respondents refusing to grant her pension, she approached the Administrative Tribunal by preferring the aforesaid Original Application. The application has been disallowed by the Tribunal. However, with regard to ex-gratia pension the Tribunal accepted the statement made in the communication received by the petitioner from the railways that the petitioner would be paid an ex-gratia amount.

(3.) Taking exception to the order passed by the Tribunal in the year 1999 the petitioner has preferred this petition in the year 2009.