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2016 Supreme(Jhk) 626

PRADIP KUMAR MOHANTY, D.N.UPADHYAY
Union of India through Suresh Chandra Srivastava (Senior Divisional Personnel Officer), East Central Railway – Appellant
Versus
Sumitra Devi – Respondent


Advocates Appeared:
For the Petitioner: M/s Mahesh Tiwari, Abhishek Kr. Dubey, Varun Prabhakar
For the Respondents: Mr. Rajiv Nandan Prasad

JUDGMENT :

Pradip Kumar Mohanty, J.

The present writ petition is filed against the order dated 23.4.2008 passed in O.A. No. 33 of 2006, whereby the application filed by respondent no.1 was allowed to the extent that the deceased husband of applicant-respondent no.1 has rendered continuous service of over six years to the Railways and the applicant is entitled to family pension as per Rule 75(2)(a) read with Rule 75(19) of the Railway Service (Pension) Rules,1993 and also to pay interest on the amount accrued thereupon.

2. The facts of the case is that the husband of respondent no.1 late Shambhu Nath Pathak was initially appointed as a substitute employee in the Railways on 27.6.1979 and was given temporary status on 26.10.1979. After rendering continuous service over six years, the employee expired on 12.11.1985. Since no benefits was given to the widow of deceased employee, respondent no.1 filed O.A. No. 235 of 2004 before the Central Administrative Tribunal, Patna Bench, Circuit Bench at Ranchi for payment of family pension and also for payment of death-cum-retiral benefits of her late husband-Shambhu Nath Pathak. The aforesaid O.A. was disposed of vide order dated 12th September, 2














































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