PRABIR MUKHERJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) The present application is directed against order dated 23rd September, 2003 passed by the Central Administrative Tribunal hereinafter referred to as 'the Tribunal' in M.A. No. 15 of 2003, (0. A. No. 739 of 2002).

(2.) Grievances of the petitioner may briefly be stated as follows: Petitioner, an U.D. Assistant in the P&A.R. Department, Government of West Bengal, got married to Runu Mukherjee, since deceased on 18.06.1998. After marriage they have been residing together as husband and wife. The said Runu Mukherjee was suffering from mental imbalance since prior to her marriage and, for this, she was under medical treatment. On 08.04.2002, she, while residing with her parents committed suicide by jumping on the track of Metro Railway at Jatin Das Park Station. Respondent No. 5 intimated the Officer-in-Charge of the Kalighat Police Station that they had no complaint against the petitioner in respect of such death. Petitioner handed over all the stridhan properties belonging to his wife, since deceased. and the same included the gold ornaments as well. The said wife of the petitioner was an employee of South Eastern Railway and by letter dated 27.11.2002 the petitioner approached the Railway authority to settle the dues and benefits arising out of death of his wife, Runu, who was a Railway employee. By letter dated 05.12.2002 the respondent No. 2 intimated the petitioner that the matter is sub-judice in O. A. No. 739 of 2002. On receipt of the same, the petitioner made enquiries and came to learn that the mother of his wife, since deceased, being respondent No. 5 filed an application under section 19 of the Administrative Tribunal Act seeking settlement of dues and release of the same on the strength of purported nomination made in her favour prior to her marriage with the petitioner. Railway authorities being respondent Nos. 1 to 4 filed an objection categorically stating therein that the present petitioner is the legitimate claimant of the said dues.

(3.) In view of sub-rule (4) of Rule 74 of the Railway Services (Pension) Rules, 1993, the earlier nomination made before the marriage is invalid. Petitioner by filing an application being M.A. No. 15 of 2002 sought to be added as a party in the said proceeding and in response to the same, the Tribunal by order dated 02.01.2003 allowed the petitioner to be so added. Subsequently by order dated 23rd September, 2003, the Tribunal disposed of the matter with a direction upon the petitioner to produce a Succession Certificate before the respondent authorities.