Open Court CENTRAL ADMINISTRATIVE TRIBUNAL ALLAHABAD BENCH ALLAHABAD Dated : This the 10^th day of February 2026 Original Application No. 184 of 2026 Hon’ble Mr. Justice Rajiv Joshi, Member (J)

PUNIT KUMAR MISHRA Anil Kumar, aged about 30 years, S/o Late Shri Lala Ram R/o- Patel Nagar, Behind the Bijli Vibhag, District- Rampur 243701.

…….Applicant.

By Adv : Shri Uday Prakash Srivastava V E R S U S

1. Union of India through the General Manager, Northern Railway, New Delhi.

2. The Divisional Railway Manager, Northern Railway, Moradabad.

3. The Divisional Railway Manager (P), Northern Railway, Moradabad.

4. Assistant Personnel Officer, Northern Railway, Moradabad.

5. Senior Section Engineer (P-Way) SSE/PW Northern Railway, Rampur.

…Respondents.

By Adv: Shri Anil Kumar

O R D E R

Heard Shri Uday Prakash Srivastava, learned counsel for the applicant and Shri Anil Kumar, learned counsel representing the respondents.

2. The applicant has filed this Original Application under section 19 of the Administrative Tribunal Act, 1985, for seeking following relief(s):-

I. To issue an order or direction in appropriate nature to concerned competent authority to quash the impugned order dated 09.09.2025 issued by Divisional Railway Manager (P), Northern Railway, Moradabad.

II. To issue an order or direction in appropriate nature to concerned competent authority to release the payment of pensionery benefits/Family Pension) to the applicant of her mother Ramwati (being wife of deceased employee Late Lala Ram} from 19.02.2011 till 04.12.2025 (the death of deceased wife Ramwati) with appropriate interest till it is actually paid as soon as possible.

III. To grant such other and favourable relief(s) which this Hon'ble Tribunal/Court may deem fit and proper in the facts and circumstances of the case.

IV. To award the cost of the petition favour of the applicant.

3.(i) The brief facts of the case are that the father of the applicant, Late Shri Lala Ram, father of the applicant, was working as Trackman under SSE PUNIT KUMAR MISHRA (P-Way), Northern Railway, Rampur, and died in harness on 19.02.2011. After his death, his widow, Smt. Ramwati, sought for releasing of family pension and other settlement dues. However, a dispute arose when one Shri Rajendra Kumar Srivastava claimed himself to be the son of the deceased employee and asserted entitlement over the retiral benefits. Thereafter, a case was filed before the competent Civil Court in Original Suit No.146/2011 (Rajendra Kumar Srivastava Vs. Smt. Ramvati), but the same was dismissed vide order dated 22.10.2019.

(ii) Subsequently, a Civil Case No.139/2022 filed by the applicant before the Civil Judge (S.D), Bareilly, which was decided on 29.07.2025 in favour of the applicant and a succession certificate dated 27.08.2025 was issued in favour of the applicant. Pursuant thereto, the settlement dues amounting to Rs.7,01,911/- were released. The widow of the deceased employee expired on 04.12.2025. The applicant thereafter submitted representations seeking payment of family pension for the period from March, 2011 till the date of death of Smt. Ramwati, but the same was rejected vide impugned order dated 19.09.2025 on the ground that the matter relating to family pension was under consideration in view of the pending civil dispute and that the succession certificate submitted by the applicant was under verification. Hence, this original application has been filed.

4. Learned counsel for the applicant submits that once the civil dispute has been decided and the succession certificate has been issued in favour of the mother of the applicant, there remains no impediment in releasing the family pension which was allegedly due to the widow of the deceased employee during her lifetime. It is further contended that non-release of family pension despite settlement of the dispute is arbitrary and unjustified, PUNIT KUMAR MISHRA and therefore argue to issue directions to the respondents for payment of the admissible pensionary benefits in