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Judgment
By Hon’ble Mr. Justice Om Prakash VII, Member (Judicial)
Shri Harsh Vardhan Pandey, learned counsel for the applicant and Shri Chakrapani Vatsyayan, learned counsel for the respondents are present.
By means of this OA, the applicant has sought the following reliefs :
“(i)To issue an order or directions to quash and set aside the impugned orders dated 18.01.2024 and 05.06.2024 (Annexure No. A-1) to this original application in Compilation No. 1.
(ii)To issue an order or directions to the respondents to issue the necessary orders for granting family pension to the applicant from the death become she eligible and pay the same at the earliest to the applicant.
(iii)To issue any other relief which this Hon'ble Tribunal may deem fit in the facts and circumstances of the case.
(iv)To award the cost of the application throughout.”
The brief facts of the case are that the applicant claims to be the divorced daughter of the deceased employee, namely, Late Phool Chandra Bajpai. It is also pleaded that the applicant’s mother died on 31.12.1993 and her father died on 31.03.2022. Since the decree of divorce dissolving the marriage of the applicant with Ramesh Chandra Dixit was passed by the competent Court of Law, i.e., the Civil Judge (Senior Division), Kanpur Dehat, the applicant claims to family pension. It is also pleaded that despite repeated requests made by the applicant, family pension has not been granted to her.
Counter affidavit has been filed by the respondents, mentioning therein that certain documents, namely, the ‘No Dues Certificate’ from the concerned bank from which the applicant’s father was receiving pension, as well as the Income Certificate, have not been furnished. For this reason, the prayer of the applicant could not be processed. It is also pleaded that as soon as the aforesaid documents are furnished, the applicant’s claim will be processed.
The submission of learned counsel for the applicant is that the OA may be disposed of at this stage itself, as the applicant had already furnished the ‘No Dues Certificate’ to the authority concerned and she will also furnish the Income Certificate, with a direction to the competent authority amongst the respondents to decide the applicant’s claim within a time bound manner.
Learned counsel for the respondents submitted that if the documents required by the respondents, as mentioned in their various letters, are furnished, the applicant’s claim will be processed expeditiously.
I have considered the submissions made by learned counsel for the parties and have gone through the entire record.
Having regard to the facts and circumstances of the case, hearing the parties, keeping in view the relief claimed in the matter, documents filed with the OA as well as counter affidavit, the OA is disposed of at this stage itself without entering into the merit of the case with a direction to the applicant to furnish the documents required by the respondents within period of one month. Thereafter, the competent authority amongst the respondents will process and decide the issue expeditiously preferably within a period of three months from the date of receipt of certified copy of this order. The order so passed shall be communicated to the applicant without any delay. No order as to costs.
All associated MAs also stand disposed of.