UNION OF INDIA Vs. RUKMANI DEVI

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The employee Sh. Kishan Joshi of the appellant retired on 31st April, 1982 and he was getting the pension and also retiral benefits. While getting the pension, he died on 31.2.2000. The respondent Smt. Rukmani Devi claimed that she is wife of deceased employee Kishan Joshi and is entitled to family pension after death of her husband. Her claim was not allowed, therefore, she submitted appeal before the Central Administrative Tribunal which was dismissed vide Annex.2 dated 19th Nov., 2008. The respondent - Smt. Rukmani Devi then got the information that her name already entered in service record of her husband maintained by the employer-appellant then she submitted an application for review of the said order dated 19th Nov., 2008, upon which, the tribunal issued notice to the appellant and, thereafter, held vide order dated 29th Oct., 2009 that the respondent is wife of the deceasedemployee and, therefore, is entitled to family pension.

(3.) Learned counsel for the appellant vehemently submitted that neither the appellant had jurisdiction to decide the status of the applicant-respondent nor the tribunal had jurisdiction to decide and declare the status of the respondent to be wife of the deceased-employee Sh. Kishan Joshi. In that view of the matter, the matter could have been decided by the civil court and that could have been done only when the respondent could have obtained the declaration that she is wife of the deceased Sh. Kishan Joshi. In view of the above reasons, the tribunal exceeded its jurisdiction in allowing the review application vide order dated 29th Oct., 2009.