LAWS(PAT)-2017-8-31

GITA DEVI Vs. UNION OF INDIA

Decided On August 31, 2017
GITA DEVI Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) The order dated 19th January, 2017 passed by the Central Administrative Tribunal (hereinafter referred to as the "Tribunal"), Patna Bench, Patna in Original Application (O.A.) No. 171/2013 had led to filing of two Writ Applications, one by the applicant before the Tribunal namely, Gita Devi and the other by the Railways which is CWJC No. 9915/2017. The two Writ Applications, to that extent, are inter-linked because they are based on the facts on which adjudication has been made by the Tribunal.

(3.) The husband of the present petitioner namely, Gita Devi died on 001999. The aforesaid O.A. was filed in the year 2013 for a so-called limited question whether she is entitled to family pension by virtue of being widow of a permanent Group-D employee despite having been appointed on compassionate ground. The Tribunal came to a conclusion, especially in paragraph-5 based upon the notification or the document dated 24.02.1999, which was annexed as Annexure-A/2 to the O.A. that the husband of the petitioner became a regular employee in the year 1999, and, therefore, she was entitled for family pension from the date of death of the husband till she managed to get compassionate appointment.