ICHHAMANI SWAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE two writ petitions have been filed under Articles 226 and 227 of the Constitution of India assailing the orders passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack.

(2.) THE writ petition bearing W.P.(C) No. 15658 of 2007 has been filed challenging the order dated 21.9.2007 passed in Original Application No. 590 of 2006 by which the learned Tribunal refused to grant family pension to the Petitioner from the date of death of her husband which was way back in the year 1957. The writ petition bearing No. 16550 of 2007 has been filed by the said Petitioner challenging the order of the Tribunal dated 15.11.2007 passed in Original Application No. 555 of 2006 by which the learned Tribunal dismissed the Original Application filed by the Petitioner for appointing the son of the Petitioner under the Rehabilitation Assistance Scheme. Both the writ petitions were heard together and are disposed of by this common judgment.

(3.) ACCORDING to the Petitioner, her husband late Sarat Chandra Swain, who was working as Lineman in the Department of Telecommunication since 1947 and died in harness on 24.7.1957. According to the Petitioner, after the premature death of her husband, she applied for family pension as well as the benefits under the D.C.R.G scheme and thereafter went on addressing representations to various authorities. However, the Petitioner was granted family pension @ Rs. 375/ - per month with effect from 22.9.1977 and this order was passed in the month of April, 1996. It is the admitted case of the Petitioner that she was paid arrears of the family pension from 22.9.1977 till April, 1996 and thereafter she is being granted family pension. The grievance of the Petitioner is that her husband having died on 24.7.1957, she should have been granted family pension with effect from the date of death of her husband and not from 22.9.1977. Another grievance of the Petitioner was that she has not been sanctioned the D.C.R.G. benefits.