Neha Kumari vs The Union Of India & Ors.

[PER:- MR. KUMAR RAJESH CHANDRA, MEMBER(A)]

Heard learned counsel for the applicant and learned counsel appearing for the respondents.

At the outset, learned counsel for the applicant submits that, in terms of the prayer made under paragraph 8(C) of the relief clause, the applicant is seeking a direction upon the respondents for disposal of her representation dated 16.01.2026, whereby she has raised her claim for family pension. It is submitted that the principles of natural justice would be duly met if the said representation is considered and disposed of by the competent authority by passing a reasoned and speaking order within a stipulated period.

Learned counsel appearing for the respondents has no objection to the disposal of the Original Application in the aforesaid terms.

However, before proceeding further, it is necessary to take note of a related proceeding. One of the applicants, namely, Namita Kumar, has also filed OA No. 562/2026, which is listed today, wherein certain retiral benefits, including DCRG, have been claimed. In the said Original Application, the second wife of the deceased employee and her children, whose rights may be affected by the relief sought therein, were not impleaded as parties. Consequently, the said Original Application has been dismissed today on the ground of non-joinder of necessary parties.

Central Administrative Tribunal^{5. The aforesaid circumstance assumes significance in the present matter} as well. Any adjudication or determination concerning family pension or other retiral/terminal benefits of the deceased employee may have a bearing upon the competing or corresponding rights, if any, of other members of the family. Such persons, whose rights may be prejudicially affected by an order passed in the matter, cannot be deprived of an opportunity of hearing without due compliance with the principles of natural justice.

Nevertheless, the present Original Application, insofar as the prayer under paragraph 8(C) is concerned, is confined to a direction for consideration and disposal of the representation dated 16.01.2026. No adjudication on the competing claims to family pension is being undertaken by this Tribunal at this stage.

In the circumstances, I am of the considered view that the ends of justice would be met if the competent authority of the respondents is directed to consider and dispose of the aforesaid representation in accordance with the applicable law, rules and procedure, after taking into account all relevant facts and circumstances and, where necessary, after affording an opportunity of hearing to all persons whose rights are likely to be affected by the decision.

Accordingly, the present Original Application is disposed of with a direction to the competent authority of the respondents to consider and dispose of the representation dated 16.01.2026 submitted by the applicant, strictly in accordance with the applicable law, rules and Central Administrative Tribunal^{procedures, by passing a reasoned and speaking order, preferably} within a period of three months from the date of receipt/production of a copy of this order before the competent authority.

It is made clear that, before taking a final decision, the competent authority shall ensure compliance with the principles of natural justice and shall take into consideration the claims, if any, of other persons whose rights in respect of the family pension or other consequential benefits may be affected by such decision.

It is further made clear that this Tribunal has not expressed any opinion on the merits of the claim of the applicant for family pension or on the entitlement of any other claimant. All questions of fact and law, including the respective rights and entitlement of the concerned parties, are left open for consideration and determination by the competent authority in accordance with law.

The Original Application stands disposed of in the above terms.

No order as to costs. Sd/-