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Judgment
Mr. Ziauddin Ahmad, learned counsel for the applicants and Mr. Chakrapani Vatsyayan, learned counsel for the respondents, are present and heard.
The applicants have approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief(s):-
"8.1direct the Respondents to release, without further delay, the family pension, death-cum-retirement gratuity, leave encashment, GPF/insurance dues and all other consequential terminal and retiral benefits admissible to the applicants as the widow and dependent minor children of Late Sri Moazzam Raza Khan, together with interest thereon at such rate as this Hon'ble Tribunal may deem fit;
8.2direct the Respondents, more particularly Respondent Nos. 3 and 4, to forthwith and expeditiously decide the representation dated 25.06.2026 submitted by Applicant No. 1, by a reasoned and speaking order, within a time frame to be fixed by this Hon'ble Tribunal, preferably within eight weeks from the date of the order passed in this Original Application;
8.3direct the Respondents to forthwith supply to Applicant No. 1 a certified copy of the complete service record (service book) of Late Sri Moazzam Raza Khan, together with all documents/records relevant to computation of the dues payable to the applicants;
8.4pass an interim direction, pending final disposal of the Original Application, directing the Respondents to release at least the admitted/undisputed portion of the terminal dues to the applicants, having regard to the financial hardship pleaded herein;
8.5award costs of the application to the applicants; and
8.6pass any other order or direction which this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case, in the interest of justice."
The brief facts of the case are that the applicants comprise Applicant No.1, the widow, and Applicant Nos.2 and 3, the minor dependent children, of Late Shri Moazzam Raza Khan, who was appointed as Upper Division Clerk in the Income Tax Department vide order dated 13.02.1989 and, at the time of his death on 23.11.2025, was serving as Tax Assistant in the Office of the Additional/Joint Commissioner of Income Tax, Range-1(1), Agra. After his death, Applicant No.1 submitted an application dated 28.04.2026 seeking the service record of the deceased employee and thereafter submitted a detailed representation dated 25.06.2026 to the respondents seeking release of family pension, death-cum-retirement gratuity, leave encashment, GPF/insurance and other admissible terminal dues. The said representation was forwarded to Respondent No.3 on the same day; however, despite lapse of considerable time and repeated requests, neither the representation has been decided nor the admissible terminal dues have been released to the applicants.
Learned counsel for the applicants submitted that the applicants, being the widow and minor dependent children of the deceased employee and having no other source of livelihood, are facing acute financial hardship due to non-release of the admissible terminal and retiral dues. Despite the representation dated 25.06.2026 having been forwarded to the competent authority, the respondents have neither taken any decision thereon nor released the family pension, gratuity, leave encashment, GPF/insurance dues and other admissible terminal benefits. He, therefore, prayed that the respondents may be directed to consider and decide the pending representation and release the admissible dues to the applicants within a time-bound period.
Per contra, learned counsel for the respondents submitted that once the master-servant relationship comes to an end by way of termination, the applicants are not entitled to any pensionary benefits.
At this stage, learned counsel for the applicants submitted that Applicant No.1 was not aware of her entitlement with regard to payment of DCRG and other retiral benefits. He further submitted that Applicant No.1 thereafter submitted a representation dated 25.06.2026 before Respondent No.3/Competent Authority seeking payment of DCRG and other admissible benefits. He, therefore, submitted that the applicants would be satisfied if a direction is issued to Respondent No.3/Competent Authority to consider and decide the representation dated 25.06.2026, in accordance with law, by passing a reasoned and speaking order.
In view of the fair submissions made by learned counsel for the parties and considering the nature of the limited relief sought by the applicants, the instant Original Application is disposed of with a direction to Respondent No.3/Competent Authority to consider and decide the representation dated 25.06.2026 submitted by Applicant No.1 seeking release of family pension, death-cum-retirement gratuity, leave encashment, GPF/insurance dues and other admissible terminal and retiral benefits, in accordance with law, by passing a reasoned and speaking order, preferably within a period of three months from the date of receipt of a certified copy of this order. It is further directed that if, upon consideration of the aforesaid representation, the applicants are found entitled to any pensionary/retiral benefits, the same shall be paid thereafter in accordance with law.
It is made clear that this Tribunal has not entered into the merits of the case and the Competent Authority shall take a decision on the representation strictly in accordance with law.
Accordingly, the Original Application stands disposed of at the admission stage. No order as to costs.
All pending Miscellaneous Applications, if any, also stand disposed of.