ORDER (ORAL)

Heard on admission.

2. By way of present Original Application filed under Section 19 of Administrative Tribunals Act 1985, applicant has sought the main relief (s) (as extracted from the OA) as under:-

“8.1 To direct the respondent/competent authority to provide family pension with arrears from the date of death of applicant's wife up to realization of payments with 18% interest with all consequential benefits in the interest of justice.

8.2 Allow this original application in favor of applicant in the interest of justice.

8.3 To direct the respondent to consider representation cum letter in all three applications dated 03.06.2023 vide diary no. 5663,5661 and 5662 wrote for appointment on the ground of compassionate of Applicant no. 2 namely Vikas and release the provident fund/MPS in favor of Petitioner no. 1 i.e. Smt. Anita widow of deceased Rakesh Kumar (Ward Boy) and family pension.

8.4 Pass any other order which this Hon'ble Tribunal may deem fit and proper in the interest of natural justice.”

3. Shri Salim Malik, the learned counsel appearing for the applicants submits that the deceased employee was working as a ward boy and died in harness on 15.05.2023. The applicant no. 1 is the widow of the deceased employee and applicant no. 2 is the son of the deceased employee and the applicant no. 3 is the daughter of the deceased employee. The applicant no. 1 has filed representation dated 02.06.2023 relating to release of family pension as family is facing financial hardship but the same is still pending. The applicant no. 1 has also submitted application for seeking appointment on compensate grounds in favor of applicant no. 2, son of the deceased employee but the same has not been decided yet.

4. Shri. Salim Malik, the learned counsel for the applicants after arguing for some time submits that the applicant would be satisfied if direction is issued to respondent/competent authority to consider and decide the pending representation of the applicant dated 03.06.2023 in a time bound manner.

5. This Tribunal has considered the matter and deems it just and proper that principles of natural justice will be met and hereby direct respondent/competent authority to consider the representation dated 03.06.2023 by passing a reasoned and speaking order within a period of 90 days from the date of receipt of a certified copy of order passed today and If the applicant is found entitled for the reliefs sought, the same shall be granted forthwith.

6. Needless to say, this Tribunal has not expressed any opinion on the merits of the case and the competent authority is free to decide the pending representation on own merits in accordance with law.

7. In view of the above, the present OA stands disposed of at admission stage in above indicated manner. If any grievance sustains, the applicants are at liberty to re-agitate the matter as per law. No order as to costs.

08. Pending MA(s), if any, also stands disposed of.

09. The order be uploaded on the website forthwith.

(Ajay Pratap Singh)

Member (J)

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