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2021 Supreme(Online)(CAT) 2737
HON’BLE
Shanti Devi wife of Late
(Tineri), Post
By Advocate :
1. The Union of India through
Railway, Hajipur, P.O.
District
2. The General Manager (Personnel), East Central Railway, Hajipur,
P.O.
Hajipur, PIN Code
3. The Div
Khagaul, P.S.
(Bihar).
4. The Senior Divisional Personnel Officer, East Central Railway,
P.O.
801105
5. The Senior Divisional Engineer (Co
Railway, P.O.
Code
6. The Senior Divisional Financial Manager, East Central Railway,
P.O.
801105 (Bihar).
7. The Assistant Divisional Engineer (Line), East Central Railway,
Patna
8. The Section Engineer (P.Way), East Central Railway, Patna
800001 (Bihar).
By Advocate :
1.
2.
that the issue in this OA involves grant of family pension to the
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CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH, PATNA
O.A. No. 050/00
C O R A M
HON’BLE SHRI SUNIL KUMAR SINHA, MEMBER [A]
Shanti Devi wife of Late Keshwar, Resident of Village
(Tineri), Post- Nadaul, District – Patna
By Advocate :- Shri M.P. Dixit
-Versus
The Union of India through the General Manager, East Central
Railway, Hajipur, P.O. – Digghi Kala,
District – Vaishali at Hajipur, PIN Code
The General Manager (Personnel), East Central Railway, Hajipur,
P.O. – Digghi Kala, P.S. – Hajipur (Town), District
Hajipur, PIN Code – 841001 (Bihar).
The Divisional Railway Manager, East Central Railway, P.O.
Khagaul, P.S. – Danapur & District
(Bihar).
The Senior Divisional Personnel Officer, East Central Railway,
P.O. – Khagaul, P.S. – Danapur & District
801105 (Bihar).
The Senior Divisional Engineer (Co
Railway, P.O. – Khagaul, P.S. – Danapur & District
Code – 801105 (Bihar).
The Senior Divisional Financial Manager, East Central Railway,
P.O. – Khagaul, P.S. – Danapur & Di
801105 (Bihar).
The Assistant Divisional Engineer (Line), East Central Railway,
Patna – 800001 (Bihar).
The Section Engineer (P.Way), East Central Railway, Patna
800001 (Bihar).
By Advocate :- Shri A.K. Mantu.
Per Sunil Kr. Sinha, Member [Admn]
The OA is listed for final hearing. Heard.
Learned counsel for applicant Shri M.P. Dixit submits
OA/050/00965/2019
CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH, PATNA
O.A. No. 050/00965/2019
Date:05th January, 2024
C O R A M
SUNIL KUMAR SINHA, MEMBER [A]
Keshwar, Resident of Village – Gopalpur
Patna-804454 (Bihar).
………. Applicant.
Versus-
the General Manager, East Central
Digghi Kala, P.S. – Hajipur (Town),
Vaishali at Hajipur, PIN Code – 841001 (Bihar).
Hajipur (Town), District – Vaishali at
841001 (Bihar).
isional Railway Manager, East Central Railway, P.O. –
Danapur & District – Patna, PIN Code – 801105
Danapur & District – Patna, PIN Code –
The Senior Divisional Engineer (Co-Ordination), East Central
Danapur & District – Patna, PIN
Danapur & District – Patna, PIN Code –
The Section Engineer (P.Way), East Central Railway, Patna –
……… Respondents.
O R D E R (O R A L)
Per Sunil Kr. Sinha, Member [Admn]
The OA is listed for final hearing. Heard.
Learned counsel for applicant Shri M.P. Dixit submits
OA/050/00965/2019
January, 2024
Gopalpur
………. Applicant.
the General Manager, East Central
Hajipur (Town),
Vaishali at
–
801105
–
Ordination), East Central
Patna, PIN
–
–
……… Respondents.
Learned counsel for applicant Shri M.P. Dixit submits
second wife of
Late Keshwar, Ex Trackman working at East Central Railway, Patna
Junction retired from service on 31.12.2005.
first married Bulkaniya Devi who
permission
applicant and from their wedlock one son was born.
PPO was issued
died on 17.10.2015.
05.05.2010. After the death of Keshwa
repeated representation
family pension but the respondent authorities have turned deaf ear
her requests
Tribunal.
3.
75(7)(i)(a) of the Railway Services Pension Rule
that where the
family pension shall be paid to the widow
does not speak of whether
employee
late employee
4.
is thus entitled for family pension.
on the order of Hon'ble Patna High Court in CWJC No.358/2018 in
which the Hon'ble High Court dealt with the issue whether second
wife of erstwhile employee
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second wife of a deceased railway employee. Applicant's husband
Late Keshwar, Ex Trackman working at East Central Railway, Patna
Junction retired from service on 31.12.2005.
married Bulkaniya Devi who remained
permission of his first wife Keshwar
applicant and from their wedlock one son was born.
was issued to Keshwar who continued to receive pension till
died on 17.10.2015. His first wife Bulkania Devi died
05.05.2010. After the death of Keshwa
repeated representations before the respondent authorities for grant of
family pension but the respondent authorities have turned deaf ear
her requests. Hence, the applicant was compel
Tribunal.
Learned counsel for applicant submits that Rule
)(i)(a) of the Railway Services Pension Rule
where the family pension is payable to more widows than
family pension shall be paid to the widow
does not speak of whether the widow
employee with official permission. It only
late employee would eligible for family pension
In the instant case, applican
is thus entitled for family pension. Learned counsel
on the order of Hon'ble Patna High Court in CWJC No.358/2018 in
which the Hon'ble High Court dealt with the issue whether second
wife of erstwhile employee, was entitled to get family pension as her
OA/050/00965/2019
deceased railway employee. Applicant's husband
Late Keshwar, Ex Trackman working at East Central Railway, Patna
Junction retired from service on 31.12.2005. Applicant’s husband had
remained issueless. Later with
Keshwar solemnized marriage with the
applicant and from their wedlock one son was born. After retirement,
continued to receive pension till he
first wife Bulkania Devi died before him on
05.05.2010. After the death of Keshwar, applicant of this OA gave
before the respondent authorities for grant of
family pension but the respondent authorities have turned deaf ear to
. Hence, the applicant was compelled to approach this
Learned counsel for applicant submits that Rule-
)(i)(a) o
