CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH KOLKATA O.A. 350/456/2024 Date of Hearing : 24.09.2024 Date of Order : 01.10.2024 Coram : Hon’ble Mr. Anindo Majumdar, Administrative Member Ms. PAPIYA BHOWMIK, daughter of Late Barendra Kishore Nath Bhowmik and Late Mukul Rani Bhowmik, aged about 52 years, residing at 85, Master Para, Sepahijala, Maheshpur, Tripura, Kathalia, Pin-799132 Mobile No. 7630873252 and Email ID debajyotidebnath492@gmail.com; the unmarried daughter of Late Barendra Kishore Nath Bhowmik who was an ex-employee of Rifle Factory, Ishapore, Ministry of Defence, Department of Defence Production, situated at Ishapore, Post Office- Ichapore- Nawabganj, District-24-Parganas (North), Pin-743144.

……. Applicant -versus

1. UNION OF INDIA service through the Secretary, Ministry of Defence (Defence and Production), Government of India, South Block, New Delhi-

110001.

2. THE DIRECTOR GENERAL ORDNANCE (Coordination and Service), Department of Defence Production, Government of India, Ministry of Defence, 10A, Shaheed Khudiram Bose Road, Kolkata- 700001.

3. THE CHAIRMAN AND MANAGING DIRECTOR, Advanced Weapons And Equipment India Limited, A Government of India Enterprise, Ministry of Defence, service through the Managing Director, Ordnance Factory, Kalpi Road, Kanpur-208009, UP.

4. THE EXECUTIVE DIRECTOR, Rifle Factory, Ishapore (a unit of Advanced Weapons and Equipment India Limited), a Government of India Enterprise, Ministry of Defence, Department of Defence Production, situated at Ishapore, Post Office- Ichapore-Nawabganj, District-24-Parganas (North), Pin- 743144.

5. SHRI SANJAY SRIVASTAVA, DO/BG & P.Cell in the office of Executive Director, Rifle Factory, Ishapore (a unit of Advanced Weapons and Equipment India Limited), a Government of India Enterprise, Ministry of Defence, Department of Defence Production, situated at Ishapore, Post Office- Ichapore-Nawabganj, District-24- Parganas (North), Pin-743144.

6. THE CONTROLLER GENERAL OF DEFENCE ACCOUNTS (PENSIONS), Ministry of Defence, having its office at Draupadi Ghat, Prayagraj-

211014, Uttar Pradesh.

7. THE GENERAL MANAGER, Rifle Factory, Ishapore (a unit of Advanced Weapons and Equipment India Limited), a Government of India Enterprise, Ministry of Defence, Department of Defence Production, situated at Ishapore, Post Office- Ichapore-Nawabganj, District-24-Parganas (North), Pin- 743144.

…… Respondents For the Applicant(s) : Mr. P.C. Das (Counsel)

Ms. T. Maity (Counsel)

For the Respondents : Mr. S. Ghosh (Counsel)

O R D E R

1. This matter is taken up by the Single Bench for disposal in view of the revised list dated 10.09.2021 issued under Sub section (6) of Section 5 of the Administrative Tribunal Act, 1985 and since no complicated question of law is involved.

2. The applicant has filed this original application seeking the following relief(s) :

“a) To quash and/or set aside impugned office order dated 06.10.2023 issued by the respondent authority being Annexure A-8 of this original application whereby despite correct spelling of the names of the applicant and her father and mother in all the government documents and in terms of the Gazette Notification issued by the Government of Tripura in respect of correct spelling of the names of the applicant and her father and mother, the stand taken by the respondent authority for mismatching of her father's name in the PPO under any circumstances, cannot be acceptable and whatever documents placed by the applicant, all are genuine and authentic documents for getting pension in her favour as an unmarried daughter of Late Barendra Kishore Nath Bhowmik and Late Mukul Rani Bhowmik. Since the clerical mistake made by their official staff in the Pension Payment Order, on that ground, the claim of the applicant cannot be rejected and/or withheld by shifting their burden on the applicant to correct all the government documents which is not beyond the control of the applicant.

b) To quash and/or set aside the impugned office order dated 02.02.2024 issu