DALIA DUTTA Vs. UNION OF INDIA

JUDGEMENT

(1.) This application under Article 226/227 of the Constitution of India is at the instance of an unsuccessful applicant and is directed against, the order dated December 17, 2003 passed by the Central Administrative Tribunal, Calcutta Bench, in O.A. No. 702 of 2002 thereby dismissing an application under Section 19 of the Administrative Tribunal Act filed by the present writ-petitioner.

(2.) The following facts are not in dispute : One Shyamal Kumar Dutta, the deceased husband of the writ-petitioner, was an employee of the South Eastern Railway, who died-in-harness on October 18, 2000 in South Eastern Railway Central Hospital, Garden Reach. In the wedlock between the writ-petitioner and the said Shyamal Kumar Dutta a son was born and at present the said minor son is in custody of the mother of the deceased employee, i.e., his grandmother.

(3.) After the death of the deceased employee, the writ-petitioner approached the employer for release of Provident Fund, Gratuity and other service benefits including the faintly pension payable to her. The employer having advised the writ-petitioner to approach the civil Court for declaration of her right, she came up with an application under Section 10 of the Act before the tribunal.