Legal heirs are entitled to family pension and benefits under CCS Pension Rules, regardless of formal nomination, as established by the court.

1. The present Origional Application has been filed by the applicant against the Government Order No. No.3/Admn/B-

8/PN-0091/10360 dated 13.10.2020 issued by the respondent department.

2. Brief fact of the case is that applicant solemnized marriage with Eknath Londe S/o Atma Ram Londe R/o 1/3, Netaji Nagar, Pune, Maharastra in accordance with Hindu customs, rites including Sikh rituals and rites on 21st day of May, 2009. Unfortunately during that time Eknath Londe did not keep good health and was diagnosed to be suffering from Cancer and for the purpose of his treatment the husband of the applicant was sent to Pune for treatment where he expired on 13-05-2013. The applicant filed a civil suit for declaration declaring her to be the legal heir entitled to receive service benefits, pension and other ancillary benefits of the deceased husband of the applicant Eknath Londe. The Learned Court of 3rd Civil Subordinate Judge (Excise Magistrate), Jammu vide Judgment and decree dated 28-02-2017 declared the applicant to be legal heir of the deceased Eknath Londe who is entitled to receive pension and other ancillary benefits arising out of the death of the deceased Eknath Londe.

Further the Joint Secretary, CSD Officer’s Association, Mumbai has also recognized the applicant to be the wife of the Eknath Londe, the deceased Depot Manager CSD. All these documents were send to the respondent No.2 to 4 but that endeavor of the applicant failed to invoke any appropriate response and ultimately applicant constrained to serve a legal notice upon the respondents vide reference No.AB/180-182/2018 dated 17-07-2018 vide registered post.

Vide legal notice dated 04-12-2018 served through Advocate bearing Ref. No.AB/260-61/2018, the said enquires were duly replied by the applicant and it was again demanded that retirement benefits of late Eknath Londe be awarded and disbursed to the applicant within 15 days from the receipt of the said notice. The applicant vide communication dated 29-

08-2019 reminded the respondents to expedite the case of the applicant for grant of family pension and other service benefits. The respondent No.2 and 3 vide communication 20th February, 2019 bearing ref No.3/Admn/B-8/Pen-3490/5816 intimated the applicant that the applicant shall be granted whole of family pension as widow of Late Eknath Londe as well as GPF, deposit with CSD Credit Society and encashment of leave in credit of the deceased in equal proportion with other legal heirs. The applicant constrained thus served a final notice upon the respondents through counsel on 25-10-2019 vide reference No.AB/348-349/2019 contending that the decree of legal heirs of the applicant has attained finality due to expiry of all limitations as such, the claim of the applicant cannot be denied any further on any ground. Even after serving of the supra notice dated 25-10-2019 the respondents did not accede to the request of the applicant, as such the applicant filed a petition in the Central Administrative Tribunal, Jammu which came to be registered as OA No.061/510/2020. The said OA No. 061/510/2020 was disposed by the Hon’ble Central Administrative Tribunal, Jammu with the direction to the respondents to treat the present OA as a representation filed by the applicant and decide the same by a reasoned and speaking order and thereby process the case of family pension of the applicant within four weeks from the date of receipt of a copy of this order .

3. Being aggrieved, the present petitioner has come in the present Origional Application, seeking the following relief:

i. that the order impugned dated 13-10-2020 bearing Ref.

No.3/Admn/B-8/PN-0091/ 10360 issued by the respondent No.2 may please be set aside and quashed by the Hon’ble Tribunal with costs.

ii. further to command and direct the respondents to award and disburse family pension to the applicant in accordance with the rules and regulations of the CSD Department and Central Civil Services (Pension) Rules with effect from the