CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH, KOLKATA O.A/350/1071/2019 Date of Hearing:- 10/6/2025.

Date of Order:- 07/07/2025.

Coram: Hon’ble Mr. Anindo Majumdar, Administrative Member.

Sova Sharma (Dutta) @ Sova (Dutta) Sharma @ Sova Sharma, wife of Late Anil Kumar Sharma, Ex- Hammerman, Kanchrapara Railway Workshop under Eastern Railway, aged about 50 years, by occupation- unemployed, residing at 18, Bostampara, Post Office- Garifa, Police Station- Naihati, District- North 24 Parganas, Pin- 743166.

-Versus-

………..Applicant

1) Union of India, service through the General Manager, Eastern Railway, Fairlie Place, Kolkata-

700001.

2) FA & CAO, Eastern Railway, Fairlie Place, Kolkata-

700001.

3) The Chief Works Manager, Eastern Railway, Kanchrapara Railway Workshop, Kanchrapara, Pin-

743145.

4) The Workshop Personnel Officer, Eastern Railway, Kanchrapara Railway Workshop, Kanchrapara, Pin-

743145.

5) The Assistant Personnel Officer, Eastern Railway, Kanchrapara Railway Workshop, Kanchrapara, Pin-

743145.

6) Smt. Ram Rati Devi, w/o of Late Ramakanta Sharma, Kanchrapara, Dangapara, PO- Kanchrapar, 24 Pgs (N), Pin- 743145.

For the applicant(s) : Mr. J.R. Das (Counsel). ……….Respondents For the respondent(s) : Mr. S. Bera (Counsel).

O R D E R.

Per: Mr. Anindo Majumdar, Administrative Member.

1. This matter is taken up by the Single Bench for disposal in aiscscuoerdd aunncdee wr iStuhb t-hSee cotridoenr ( o6f) tohfe SHeoctni’obnle 5 C ohfa itrhme aAnd, mCAinTi sdtaratetidv e1 0T/r9ib/u2n0a2l1s Act, 1985, and since no complicated question of law is involved.

2. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act 1985, praying for the following relief(s):-

“(a) An order directing the respondents to cancel, rescind, withdraw or set aside the purported speaking order dated 06.11.2018. (b) An order directing the respondents to allow the applicant her due family pension on and from 03.12.2010 (following death of husband on 01.12.2010) as also her due gratuity and all other death-cum-retirement benefits due to her late husband, Anil Kumar Sharma within no time as his legally valid widow and his sole nominee.

(c) An order directing the respondents to pay due interests on the due family pension, gratuity and all other death-cum-retirement benefits due to her late husband since

03.12.2010 to the actual date of payment;

(d) An order directing the respondents to dispose of the representations made from time to time in the interest of justice;

(e) All order directing the respondents to place all the relevant papers/records before the Hon’ble Bench with copy to the Learned Advocate appearing for the applicant in the interest of conscionable justice;

(f) Any other order/orders, further order/orders, as to this Hon’ble Tribunal seems fit and proper”.

3. This is the second round of litigation. In the earlier round of litigation, this Tribunal had disposed of OA 350/1297/2017, vide order dated 14/11/2017 with directions upon the respondent Nos. 1, 2 and 3 to consider the representation of the applicant dated 09/02/2017 if the same had been preferred by the applicant and was still pending for consideration by passing a well reasoned and speaking order under intimation to the applicant. In pursuance of these directions of this Tribunal, the Workshop Personal Officer on behalf of the Chief Works Manager, Eastern Railway, Kanchrapara had passed an order dated 06/11/2018, whereby he had rejected the claim of the applicant for payment of settlement dues of late Anil Kumar Sharma to her. The said order was communicated to the applicant vide letter dated 06/11/2018. Aggrieved by the rejection of her claim, by the respondents, vide the order dated 06/11/2018; the applicant has filed this Original Application seeking the above mentioned relief(s).

4. Heard the learned counsel for both the sides and considered the material on record.

5. At hearing, Learned Counsel for the applicant submitted that the applicant is the widow of late Anil Kumar Sharma,