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2022 Supreme(Del) 399

SANJEEV SACHDEVA, TUSHAR RAO GEDELA
Tripta Gupta – Appellant
Versus
Union of India – Respondent


Advocate Appeared:
For the Appellant :Mr. M.D. Jangra & Mr. Varun Kumar, Advocates.
For the Respondent:Mr. Sanjay Kumar Pathak, Senior Panel Counsel with Mr. K.K. Kiran Pathak, Mr. Sunil Kumar Jha, Mr. M.S. Akhtar & Mr. R.V. Tigga, Mr. O.P. Saxena & Mr. Ravinder Aggarwal & Mr. Mandeep Singh, Advocates.

JUDGMENT :

Tushar Rao Gedela, J.

1. In the present case, the petitioner challenges the order dated 07.01.2019 passed by the Central Administrative Tribunal (hereinafter referred to as ‘Tribunal’) Principal Bench, New Delhi and also seeks quashing of order dated 11.01.2018 passed by the Executive Engineer, CPWD.

2. The petitioner claims to be the second wife of the deceased – Late Sh. Ashok Kumar Gupta, who was serving as UDC in respondent No. 3/CPWD. On 16.03.2017, Late Sh. Ashok Kumar Gupta died in harness. The petitioner on that premise is seeking the pensionary benefits, which she claims she is entitled to. Respondent Nos.1 to 3 are official respondents and respondents No.4 and 5, namely, Ms. Anjali Gupta and Mr. Nikhil Gupta are the children of deceased – Late Sh. Ashok Kumar Gupta from his first marriage.

3. It is not disputed that Late Sh. Ashok Kumar Gupta did not inform respondent No. 3/CPWD about the fact of his re-marriage with the petitioner. It is also on record that respondent No.4 - Ms. Anjali Gupta has been shown as nominee in the nomination papers submitted by Late Sh. Ashok Kumar Gupta. It is also un-disputed that the petitioner’s Aadhar Card and CGHS medical card show

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