CENTRAL ADMINISTRATIVE TRIBUNAL (RESERVED ON 08.09.2025)

JAMMU BENCH, JAMMU Hearing through video conferencing Transfer Application No.61/7701/2021 Pronounced on: - This the 10.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

HON’BLE MR. RAM MOHAN JOHRI, MEMBER (A)

Neeta Devi, Aged 38 years, Wd/o Raj Kumar, R/o Village Kolpur, A/p Channi Manhasa, Vijaypur. Tehsil Vijaypur, District Samba.

....Applicant (Through Advocate: Ms. Surinder Kour)

VERSUS

1. Union of India, Through Secretary to Government, Ministry of Defence, India (New Delhi)

2. Chief Engineer, Northern Command, C/o 56, APO

3. Commander Headquarter, 138, Works Engineer, C/o 56 APO.

4. Garrison Engineer, 860, Engineer Works Section, C/o 56, APO.

5. Principal Controller of Defence Account, Pension, Allahabad.

6. Laju Ram, S/o Manna Ram, R/o Kolpur, Tehsil Ramgarh, District Samba.

….Respondents (Through Advocate: Mr. Raghu Mehta, Ld. Sr. CGSC)

O R D E R Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 671/2017 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/7701/2021 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court with following prayer:

“a) to issue directions to the respondents to fix and release the family pension in favour of the petitioner being the legally wedded wife of Late Raj Kumar FGM no. 510001 in MES Department by issuance of writ of Mandamus;

b) to issue directions to respondents to include/enter the name of the petitioner in the service record of decease Raj Kumar GM being the legally wedded wife of the Late Raj Kumar by issuance of writ of Mandamus;

c) to issue directions to the respondents to release the amount of gratuity, GP Fund and other pensionary benefit in favour of the petitioners and also to release the arrears of pension along with interest by issuance of writ of Mandamus;

d) to declare the act of the respondents by which the respondents have deprived the petitioner from right of family pension as ultra-virus, arbitrary, unconstitutional, unjust and contrary to the provisions of law and Rules and against the provisions of principles of Natural Justice by issuance of writ of Mandamus;

Or f) Any other writ, order or directions which the Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioners and against the respondents with cost.”

3. The facts of the case as averred by the petitioner in the writ are as under:-

a) That the petitioner is a permanent resident of state of Jammu and Kashmir and is respectable citizen of India, as such, the petitioner is entitled to all the fundamental, legal and statutory rights as enshrined under the Constitution of India and that of the State of Jammu and Kashmir.

b) That the husband of the petitioner was working as FGM in MES Department and allotted no. 510001. That the husband of the petitioner was expired in harness on 19-12-2015. The petitioner is second wife of Late Raj Kumar. The first wife of Late Raj Kumar namely Smt. Asha Rani expired on 06-11-2011.

c) That the marriage of the petitioner with Late Raj Kumar was solemnized on 20-10-2012 after the death of first wife namely Asha Rani. Late Raj Kumar has two children namely Kashish Kundal and Narinder Kundal from his first wife and out of the wedlock from the petitioner, one son namely Neetal Kundal was born on 03-09-2013.

d) That the Sarpanch of Panchayat Halqa, Vijaypur also issued a certificate thereby certifying that petitioner is a legally wedded wife of Raj Kumar and marriage was solemnized between them on 20-10-2012 after the demise of first wife of Raj Kumar namely Asha Rani who died on 06-11-2011. Besides this, it is also mentioned that out of the wedlock between the petitioner and the Raj Kumar, a male baby namely Neetal Kundal has been born. The Late Raj Kumar was working in MES Department and was expired in a road accident on 13-12-2015.

e) That the petitioner was residing