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2024 Supreme(Online)(CAT) 9074

CENTRAL ADMINISTRATIVE TRIBUNAL
K. Haripal, Judicial Member
Geetha S. – Appellant
Versus
Principal General Manager, Bharat Sanchar Nigam Limited (BSNL) – Respondent


Advocates:
For the Appellants/Petitioners: Mr.B.Mohanlal, Mr.Karthik J Sekhar
For the Respondents: Ms.P.Vandana for R1 and R2, Mr.Sreenath S., ACGSC for R3, Mr.S.Sujin and Ms.Nita N.S. For R4

Table of Content
1. facts of employee's death, family, and prior pension grant. (Para 1 , 2 , 8 , 9 , 10 , 11)
2. rival claims by widow/children vs. mother based on nomination and heirship. (Para 3 , 4 , 5 , 6 , 7 , 12 , 13)
3. counsel arguments on nomination validity and equal shares. (Para 14 , 15 , 16 , 17)
4. rule 53(4) inapplicable to fresh nomination; nominee is trustee. (Para 18 , 19 , 20)
5. tribunal lacks jurisdiction over inter se disputes; pursue civil remedies. (Para 21 , 22 , 23)

ORDER

Applicants are the widow and children of late K.K.Santhosh Kumar, who was a Senior Telecom Operating Assistant in the BSNL. He had joined service in the erstwhile Telecommunication Department on 05.12.1994. He had married the 1st applicant on 25.04.1997 and in the relationship two male children, applicants 2 and 3, were born. While so, after putting in nearly 23 years of service, he passed away on 17.10.2017. The 4th respondent is the mother of late Santhosh Kumar. The applicants are aggrieved by Annexure-A10 order issued by the 2nd respondent, by which entire gratuity amount of Rs.12,45,864/- was released to the 4th respondent, which, according to the applicants, is illegal and against Rule 53

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