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Judgment
The present OA has been filed by the applicant feeling aggrieved by the action of the respondents by non-payment of death-cum-retirement gratuity
amount after the death of her husband, Late MWO Narain Singh.
It is alleged that the applicant's husband was enrolled in the Indian Air Force on 18 August 1982 and died on 15 January 2019 leaving behind the
applicant and three daughters However, he had no son. On her telephonic query about payment of gratuity. she was informed that gratuity amount of
the deceased will be equally paid to her and her four children as there was no valid nomination.
It is alleged that the deceased has no son by the name of Ajay Kumar. A representation was made to the respondent authorities requesting for
deletion of the name of AJAY KUMAR from service records of her husband but the respondents advised her to file a Declaratory Suit mpleading
Shn Ajay Kumar as a party.
3 By virtue of this OA. the applicant claims that death-cum-retirement gratuity will be released in her favour as well as her two daughters Ms Sujata
JagIan and Ms Nisha Kumar JagIan as the third daughter Smt Ritu Rani is already married and name of Ajay Kumar be deleted from service record
of her husband.
O1C. Legal Cell (Air Force) submits. as regards Ajay Kumar is concerned, the applicant has to file a Declaratory Suit that he is not the son of the
deceased. The respondents submit that the amount has not been paid as till date no declaration has been sought by the applicant.
We have heard learned counsel for the parties. So far as Ajay Kumar is concerned, respondents have informed that the applicant has to file a suit
for declaration that Ajay Kumar is not the son of applicants husband and, therefore. not entitled to share of his death-cum-retirement gratuity. This
Tribunal cannot go into this aspect of the matter However as regards the share of the applicant and her unmarried daughters is concerned, they should
not be deprived of that benefit till such Declaratory Suit, as sought for is filed by the applicant. Under the circumstances. Respondents are directed to
release the share of death-cum- retirement gratuity to the applicant and her unmarried daughters by retaining one share of Ajay Kumar which will be
subject to the declaration if any sought by the applicant.
Needful be done within three months. Formalities, if any, required by the applicant be completed within '15 days.
OA stands disposed of.
Copy of the order Dasti.