BELA RANI SARKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. M.P. Choudhury, learned counsel for the petitioner. Also heard Mr. B. Sarma, standing counsel for NF Railway, representing respondent nos. 1 to 4 and Mr. B. Haldar, learned counsel representing respondent nos. 5 to 8.

(2.) The challenge in this writ petition filed under Article 226 of the Constitution of India is the order dated 07.04.2016, passed by the learned Central Administrative Tribunal, Guwahati Bench, Guwahati in O.A. No. 040/00075/2016, thereby dismissing the said original application in limine. The learned counsel for the petitioner submits that the said original application was dismissed at the motion stage.

(3.) The case of the petitioner in brief is that she is an unmarried woman without any source of income. On 31.01.1998, her father superannuated from the N.F. Railway as a driver and prior to his death on 22.11.2006, the petitioner's father was drawing his pension vide PPO No. 0307980686/APDJ/PEN/MECH/2299(R) dated 31.05.1998 through his account no. 10284485398 of State Bank of India, Bongaigaon Branch. The father of the petitioner was last posted as DR(G)/BNQ/N.F. Railway. In this writ petition, the petitioner has annexed the "pension payment order" of her father to project that her name is entered therein as daughter of Kali Sankar Sarkar. It is the case of the petitioner that her mother, namely, Smt. Mala Rani Sarkar was the second wife of her father. Having not received her share in the family pension, the petitioner submitted her representation dated 24.02.2016 to the N.F. Railway authorities and on not getting any benefit, she had approached the learned Central Administrative Tribunal. It is submitted by the learned counsel for the petitioner that apart from the petitioner, her father had left behind the following legal heirs, i.e. Malina Rani Sarkar (first wife, since deceased), Anirudha Sarkar (son; substituted respondent no.5), Anjan Kumar Sarkar, (son; respondent no.6), Smt. Bandana Sarkar (daughter; respondent no.7), Smt. Helena Mandal @ Itirani Mandal (daughter; respondent no.8). It is submitted that the respondent nos. 5 to 8 are the step brothers/ sisters of the petitioner.