2010 Supreme(Raj) 1142
PRAKASH TATIA, DINESH MAHESHWARI
Union of India – Appellant
Versus
Rukmani Devi another – Respondent
Advocates:
For the Petitioner:Mr. Kamal Dave, Advocate.
For the Respondent:Mr. Pramod Gupta, Advocate.
JUDGMENT
1. - Heard learned counsel for the parties.
2. The employee Sh. Kishan Joshi of the appellant retired on 31st April, 1982 and he was getting the pension and also retiral benefits. While getting the pension, he died on 31.2.2000. The respondent Smt. Rukmani Devi claimed that she is wife of deceased employee Kishan Joshi and is entitled to family pension after death of her husband. Her claim was not allowed, therefore, she submitted appeal before the Central Administrative Tribunal which was dismissed vide Annex.2 dated 19th Nov., 2008. The respondent - Smt. Rukmani Devi then got the information that her name already entered in service record of her husband maintained by the employer-appellant then she submitted an application for review of the said order dated 19th Nov., 2008, upon which, the tribunal issued notice to the appellant and, thereafter, held vide order dated 29th Oct., 2009 that the respondent is wife of the deceasedemployee and, therefore, is entitled to family pension.
3. Learned counsel for the appellant vehemently submitted that neither the appellant had jurisdiction to decide the status of the applicant-respondent nor the tribunal had jurisdiction to decide a
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