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Judgment
Per: Dr. Lata Baswaraj Patne, Judicial Member.
The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act 1985, praying for the following relief(s):-
“i) To direct the respondents to grant compassionate allowance on account of the husband of the applicant who was removed from service w.e.f, 18.12.2002 to the applicant herein followed by grant of family pension to the applicant from the date of death of the husband of the applicant i.e, 14.09.2020 in terms of Rule 65 of RSPR 1993, Para 310 of MOPR 50 and para 3 of RBE No. 79/05 (S.E. No. 133/05) as contained in Annexure “A-2” herein and upon consideration of representation of the applicant dated 15.02.2021 as contained in Annexure “A-3” herein without any further delay;
ii) To direct the respondents to declare that the applicant is entitled to get compassionate allowance/family pension in terms of Rule 55 of Railway Services (Pension) Rules, 1993 and the guidelines given in para 310 of the Manual of Railway Pension Rules, 1950 on account of her deceased husband who was removed from service on 18.12.2002 in terms of notice of removal from service dated 28.01.2003 issued by the Respondent No. 3 herein and his subsequent death on 14.09.2020;
iii) To direct the respondents to produce the entire records of the date before this Hon’ble Tribunal for effective adjudication of the issues involved herein;
iv) And to pass such further or other order or orders as to this Hon’ble Tribunal may deem fit and proper”.
Ld. Counsel for both sides are present and heard.
When the matter was taken up for consideration, Ld. Counsel for the applicant highlighted the averments. As categorically submitted that the order passed by this Tribunal in O.A./350/0085/2003 dated 15.03.2007 has been challenged by the respondent Department before the Hon’ble High Court in WPCT/0054/2008 which is subjudice till date. However, the applicant has approached this Tribunal to implement the order of this Tribunal passed in O.A./350/0085/2003.
On the other hand, Ld. Counsel for the respondents vehemently opposes the relief and submitted that the respondents have filed a detailed reply stating that their appeal against order of this Tribunal is subjudice and seized of before the Hon’ble High Court. Hence, this Original Application for such implementation is not maintainable.
Considering the said submissions, we are not inclined to interfere when the matter is seized of and subjudice before the Hon’ble High Court for consideration and we cannot traverse beyond our jurisdiction.
Accordingly, the Original Application is dismissed. There shall be no order as to costs.