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Judgment
O R D E R
By Hon’ble Mr. Mohan Pyare, Member (Administrative)
Shri Dharmendra Tiwari, learned counsel for the applicant and Shri K.D. Mishra, learned counsel for the respondents are present.
By means of this OA, the applicant has sought the following reliefs :
“ (i) It is therefore respectfully prayed that this Tribunal court may kindly be pleased to pass order and directing the respondents/respondent No.2 to refer the pension paper of applicant to PCDA (P) Allahabad for providing death service benefits, pension, gratuity, etc. to applicant according death of father of applicant within specific short time, considering the matter fresh of applicant according the death of father of applicant under law by summoning/serving order/letter dt. 25.08.2014 of PCDA (P) Allahabad, letter No.1/13/09P&PW(E) dt.11.09.2013 of government of India for applicant in the interest of justice and /or to pass any other suitable order in favour of the applicant in the facts and circumstances of the case under law.
(ii)The Hon’ble Tribunal may further be pleased to pass any other appropriate order in favour of the applicant considering facts and circumstances of the case to meet the ends of justice.
(iii)To allow this original application with cost in favour of the applicant.”
The brief facts of the case are that the father of the applicant Rakam Singh was working as labour in Ordinance Factory, Ghaziabad who died on 11.12.2012. As on the date of death of the employee, the applicant was married and not depended on him. Later, she got divorce and submitted her claim for family pension and other retiral benefits due to her father.
In the counter affidavit, the respondents have submitted that the applicant has been duly informed vide letter dated 30.09.2014 issued from the Respondent Department, intimating her that considering the documents/certificates annexed alongwith the application. i.e. divorce certificate wherein the date of the dissolution of her marriage is mentioned as 23.11.2013 and the death certificate of deceased employee wherein the date of death of government employee is mentioned as 11.12.2012, she is not eligible for family pension in view of Central Government’s letter No.1/13/09 P & P W (E) dated 11.09.2013. Learned counsel for the respondents further submitted that the payment of General Provident Fund amounting to Rs.17,270/- , C.G.E.G.I.S. amounting Rs.49,592/- has already been made to the applicant.
Heard learned counsel for the parties and perused the record.
Conclusively, the counsel for the applicant wanted that a direction should be issued to the respondents to take action in accordance with letter dated 22.10.2013 of Ministry of Defence, Ordinance Factory, Moorad Nagar. Accordingly, the respondents are directed to get pension paper duly filled by the applicant and take action in accordance with existing rules and regulations in the light of above said letter.
With this direction, the OA is disposed of. No order as to costs.