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Judgment
Per : Mr. Anindo Majumdar, Administrative Member
This matter is taken up by the Single Bench for disposal in accordance with the order of the Hon’ble Chairman, Central Administrative Tribunal, dated 10.09.2021 issued under Sub -Section (6) of Section 5 of the Administrative Tribunals Act, 1985, and since no complicated question of law is involved. Accordingly, this matter is taken up for disposal by this Single Bench.
The applicant had filed this Original Application under section 19 of Administrative Tribunal Act, 1985, praying for the following relief(s):
“A.To order and direction be given to the respondent authorities to consider the representation submitted by the applicant addressed to the Principal C.P.O/GRC, S. E. Railway Garden Reach, Kolkata- 700043 on 27.03.2024 and General Manager south Eastern Railway, Garden Reach, Kolkata- 700 043 on 12.11.2025.
Central Administrative TribunalB. To issue a direction upon the Respondents to immediately process and grant the Family Pension in favor of the Applicant being the widow of the deceased employee.
C. To issue a direction upon the Respondents to calculate and release all Arrears of Family Pension accrued from the date of entitlement until the date of actual payment in a time- bound manner.
D. To issue a direction upon the Respondents to pay Interest at a reasonable rate (e.g., 9% per annum) on the delayed payment of arrears, considering the extreme financial Hardship of the applicant's and its family.
E. To pass any order or further order/orders as to Hon'ble Tribunal may seem fit and proper.”
The applicant has filed this instant Original Application seeking grant of family pension.
Ld. Counsel for the applicant Mr. S. K. Bhowmik appears on behalf of the applicant and he submits Affidavit of Service which is taken on record.
Mr. B. K. Banerjeee, Ld. Standing Counsel appears for the respondents.
Ld. Counsel for the applicant submits that husband of the applicant was an employee of South Eastern Railway and was compulsorily retired w.e.f. 22.08.2008(Annexure – ‘A-1’) with full retirement benefits.
Ld. Counsel for the applicant submits that during the life time husband of the applicant he did not receive any retirement benefit and even though he had submitted a representation in this regard vide his letter dated 08.09.2008 (Annexure–‘A-2’) to the Sr. Divisional Personnel Officer, South Eastern Railway, Kharagpur.
Ld. Counsel for the applicant further submits that husband of the applicant expired on 30.06.2023 and that thereafter the applicant who is the widow of the deceased employee submitted a representation dated 08.07.2024 to the Assistant Personnel Officer (HQ), South Eastern Railway (Annexure – ‘A-5’).
In response to the said representation, the applicant has received a communication dated 13.08.2024(Annexure – ‘A-6’) asking her to submit certain documents and the applicant had complied with the said direction.
Ld. Counsel for the applicant further submitted that the applicant has submitted an application for family pension to the Assistant Signal & Telecommunication Engineer(TM), South Eastern Railway, Kolkata, dated 09.02.2024 (Annexure – ‘A-5’).
Ld. Counsel for the applicant submits that the competent respondent authority has not taken any further action on the said application and that she would be satisfied at this stage if a direction is given to the said authority to consider the representation of the applicant within a reasonable period of time.
Keeping in view, the submissions made by the Ld. Counsel for the applicant as well as on perusal of the material on record, Respondent No.4 (i.e. Sr. Divisional Personnel Officer, South Eastern Railway, Kharagpur) or any other competent respondent authority is directed to take a decision on the pending representation of the applicant dated 09.02.2024 for family pension and to convey the said decision by way of a reasoned and speaking order within a period of 02 months to the applicant. It is further directed that if the applicant is eligible for grant of family pension in all respects, the same be granted to her within a period of 02 months from the date of receipt of a certified copy of this order.
Accordingly, the instant OA is disposed of with no order as to cost.