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Judgment
Shri Pradeep Kumar Yadav, learned counsel for the applicant and Shri Chakrapani Vatsyayan along with Shri Anil Kumar, learned counsel for the respondents are present and heard.
By means of this OA, the applicants have sought the following reliefs :
I. To issue any suitable order or direction directing to the respondents for making payment of entire service benefits of the retired father of the applicant, as early as possible within a month (Annexure No. 1).
II. To issue any other suitable order or direction as this Hon’ble Tribunal any deem fit and proper in the circumstances of the present case.
III. To award cost of the petition in favor of the applicant.
It is observed that the applicant counsel has himself amended the relief clause by incorporating an additional paragraph, without any order of this Tribunal or permission having been granted for such amendment. Accordingly, the said additional paragraph is not being taken into consideration or quoted in the present order.
The applicant has filed the present Original Application seeking payment of the outstanding service and retiral benefits of his father, Late Hari Nath Yadav, who retired from the Railway Department on 31.07.2005. The applicant claims that certain dues relating to Provident Fund, Group Insurance and other retiral benefits remain unpaid despite his representations to the respondents. He has, therefore, approached this Tribunal seeking appropriate directions for release of the outstanding dues.
I have heard the learned counsel for the parties.
Learned counsel for the applicant submits that the applicant's father, Late Hari Nath Yadav, retired from the Railway Department on 31.07.2005 from the post of Superintendent of Chief Office (Vigilance). It is submitted that certain service benefits, including amounts relating to Provident Fund and Group Insurance, have not been paid, and the applicant has approached the respondents seeking payment of the outstanding dues. But the same has not been paid.
Learned counsel for the respondents opposed the prayer and submitted that the amended copy of the Original Application has not been supplied to them. Accordingly, the applicant’s counsel is directed to supply a copy of the amended Original Application to learned counsel for the respondents during the course of the day.
I have considered the rival submissions and gone through the entire records.
Having regard to the facts and circumstances of the case, without expressing any opinion on the merits of the claim, the Original Application is disposed of with a direction to the applicant to submit a fresh representation to the competent authority within 15 days from today, enclosing all relevant details and supporting documents relating to the service benefits claimed by him in respect of his deceased father. In the event such a representation is submitted, the competent authority amongst the respondents shall consider the same in accordance with the applicable rules and regulations and pass a reasoned and speaking order within two months from the date of receipt of the representation. There shall be no order as to costs. All associated MAs also stand disposed of.