CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH, KOLKATA O.A/350/150/2024. Date of Order:-5/2/2024.

Coram: Hon’ble Mr. Anindo Majumder, Administrative Member Hon’ble Mr. Rajnish Kumar Rai, Judicial Member In the matter of :

SMT. REBA PAUL CHOWDHURY, W/o Late Dilip Paul Chowdhury, Unemployed, aged about 62 years, Permanently residing at Shimurali, Sutargachi, Chakdah, Dist- Nadia, West Bengal- 741248.

-Versus- ………..Applicant

1. UNION OF INDIA REPRESENTED BY THE SECRETARY, Ministry of Railways (India), Railway Board, Government of India, New Delhi, Pin- 110001.

2. THE GENERAL MANAGER, Eastern Railways, Kolkata, 17, Netaji Subhas Road, Fairlie Palace, Kolkata- 1;

3. CHIEF WORKS MANAGER, Eastern Railway Workshop, Kanchrapara- 24, North Parganas, West Bengal- 743145.

……….Respondents For the applicants : Mr. S.S. Sharma (Counsel)

For the respondent(s) : None

O R D E R (ORAL)

Per: Mr. Rajnish Kumar Rai, Judicial Member.

1. Learned Counsel for the applicant Mr. S.S. Sharma is present and heard.

2. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act 1985, praying for the following relief:- i) An order directing the respondents their servants agents and/or employees to disburse the arrears of family pension of Rekha Das within stipulated time to the applicant is seriously ailing and to pay interest upon the arrears of family pension from 1/9/2016 to the actual date of tendering the money to the applicant;

ii) Pass such further order/orders, direction/directions as this Hon’ble Tribunal may deem fit and proper.

3. dhir ChandTrah eD aapsp dliiceadn ot nm 1a5d/e1 s/t2at0e0m0e. nTth tehraeta fttheer ,a fpapmliiclya npte’sn fsaitohne rw Sahsr gi iSvuen to his wife, Anupama Das. Anupama Das also died on 17/7/2016.

3. The claim of the applicant is that some arrears of the family pension is due which is not released till date. After due process and due formalities done by the applicant in pursuance to the letter dated 19/5/2023 issued by APO from the Office of Chief Worksman Engineer, Eastern Railway, Kanchrapara.

Learned Counsel for the applicant further submitted that unmarried sister namely Rekha Das has claimed pension under CCS (Pension) Rule 1972 {(Sub Rule 6(iii) of Rule 54)}. After death of their mother on 6/12/2016, respondents did not pay any heed on the grievance of Rekha Das; ultimately she also died on 27/1/2023.

4. However, it is apparent that respondents have proceed the claim of Rekha Das vide letter dated 28/2/2017 and vide letter dated

19/5/2023 asked to submit requisite document.

5. Heard and perused the record, it appears that late Rekha Das, an unemployed and unmarried daughter was eligible for family pension after death of her mother on 17/7/2016. The respondents has also processed the claim of late Rekha Das, but not attained finality during her life time. Therefore, the applicant being legal heir of her sister made the claim of arrear of family pension of late Rekha Das, who was entitled, but never paid. Therefore, the applicant makes claim of her legal dues.

6. In view of the aforesaid without going into the merit of this case, we are in opinion to dispose of this O.A. at an admission stage with a direction to the respondent no. 3/Competent Authority to decide the arrear of family pension of the late Rekha Das in accordance with rule and grant the same in favour of the applicant or/ to legal heir within a period of 3 months.

6. O.A. stands disposed of accordingly. No costs.

(Rajnish Kumar Rai) (Anindo Majumder) Judicial Member Administrative Member //SKG/