Prem Devi And Ors vs Union Of India And Ors

The applicants in O.A. are the widow (2nd wife) and son, respectively, of late Sh. Brij Kishore, who was working with the respondents as Helper Khalasi. He was declared medically unfit and retired on 22.07.2010. He expired on 07.03.2011.

At the time of the release of the pensionary benefits, the following details of his family members were available:-

S.No.

Name

Relation with the applicant

Date of Birth

Remarks

1

Smt Durga Devi (1st wife)

Wife

14/04/1953

2

Rakesh Kuamr (U/M)

Son

30/05/1987

Children of 2nd wife Prema Devi

3

Sushil Kuamr (U/M)

Son

09/04/1988

4

Kanchan Devi (Married)

Daughter

20/02/1990

5

Chander Shekhar (Married

Son

20/10/1981

Children of 1st Wife Durga Devi

6

Nitu Devi (Married)

Daughter

08/07/1977

7

Khema Devi (Married)

Daughter

10/05/1983

The applicant No.2 (Sushil Kumar s/o the applicant Mrs. Prema Devi) in OA has sought compassionate appointment and pensionary benefits in place of his deceased father.

During the course of hearing, the learned counsel for the applicant Ms. Neetu Mishra stated that the case of the applicant No.2 for grant of compassionate appointment and pensionary benefits may be considered by the respondents subject to the outcome of the Civil Suit pending before the Civil Court. She also made a request for filing written submissions in the matter.

3.1 Learned counsel for the respondents Sh. Shailendra Tiwary however stated that there are two Suits filed by both sides of the family, one is "Sushil Kumar Vs. Smt. Durga Devi & Ors." and the other is "Smt. Durga Devi Vs. Prem Devi & Ors." He submitted that the respondents can only process the applicants' case after receiving the succession certificate from the competent authority.

I have gone through the facts of the case and written submissions filed on behalf of applicant. I am in agreement with the contention of the respondents that since there is a dispute for grant of compassionate appointment and pensionary benefits of the deceased, amongst his legal heirs, the same can only be considered by the respondents after they are in receipt of a valid succession certificate issued by the designated Court. The applicant may approach the respondents with appropriate legal documents, as and when the case/cases get decided.

At present, when the matter is pending before the Ld. Civil Judge, there is no need for the Tribunal to intervene in the matter. The O.A. is accordingly dismissed. No costs.