JYOTSNA KAKATI Vs. NORTHEAST FRONTIER RAILWAY

JUDGEMENT

(1.) Heard Mr. A. Ahmed, learned counsel for the petitioner. Also heard Mr. B.K. Das, learned standing counsel, N.F. Railway, appearing for the respondent Nos.1 to 4 and Mr. N.N. Upadhyaya, learned counsel, appearing for the respondent Nos.5 to 8.

(2.) Late Utpal Chandra Sarkar was an employee in the Indian Railways and at the time when he died on 22/3/2013 at the age of 53 years, he was staying with the present petitioner. According to the petitioner, she is the sister of the deceased employee.

(3.) The petitioner is a widow and has two children. After the death of Utpal Chandra Sarkar, the petitioner moved an application before the Railway Authorities for grant of pension and all other retiral benefits. In order to strengthen her claim, she also submitted a nomination certificate dtd. 3/2/2005, wherein Utpal Chandra Sarkar had called the petitioner as his sister and the children of the petitioner as his niece. The application filed by the petitioner was rejected by the Railway Authorities on 5/3/2014 on the ground that the petitioner is not blood relative of the deceased and, therefore, under the Railway Services (Pension) Rules, 1993 (hereinafter referred to as "1993 Rules"), she is not entitled for pension and other pensionary benefits.