Reserved on 01.12.2025 Central Administrative Tribunal, Allahabad Bench, Allahabad This the 03 rd day of December, 2025 Hon’ble Mr. Justice Om Prakash VII, Member (J)

Original Application No. 414 of 2024 Brij Raj, aged about 84 years (Sr. Citizen), son of Late Badri Prasad, R/o 182-C, Mohaddipur Jangle Matadin, Saraswati Puram Phase – 1, Gorakhpur.

……….. APPLICANT By Advocate: Shri Kali Kant Mishra Versus

1. Union of India through General Manager (Personnel), North Eastern Railway, Gorakhpur.

2. Divisional Railway Manager (Personnel) / Senior Divisional Personnel Officer, North Eastern Railway, Lucknow.

3. Chief Security Commissioner / Senior Divisional Security Commissioner, Railway Protection Force, North Eastern Railway, Gorakhpur Region, Gorakhpur

4. Senior Divisional Security Commissioner, Railway Protection Force, North Eastern Railway, Lucknow.

.………RESPONDENTS By Advocate: Shri Pramod Kumar Rai ORDER Shri Kali Kant Mishra, learned counsel for the applicant and Shri Pramod Kumar Rai, learned counsel for the respondents, were present at the time of hearing.

2. The instant original application has been filed by the applicant seeking following relief:

“(i) That this Hon’ble Court may graciously be pleased to quash and set aside the impugned order dated 25.01.2024 passed by Respondent No 4 (Annexure A – 1 with Compilation No 1)

(ii) That this Hon’ble Court further be pleased to direct the respondents to release all the retiral benefits of deceased employee and be paid to the applicant.

(iii) That this Hon’ble Court further be pleased to award the interest @ 10% to the applicant.

(iv) That this Hon’ble Court may further be pleased to pass such other and / or further order as deem fit, proper and necessary in the circumstances of the case.

(v) Award costs to the applicant.”

3. The instant original application has been filed by the applicant seeking quashing of the order dated 25.01.2024 passed by the respondent no 4 through which the payment of Death-cum- Retirement Gratuity i.e., DCRG along with other emoluments such as GPF, Leave Encashment etc. pertaining to the deceased employee who the applicant claims to be his daughter, have not been paid to the applicant. Attributing the impugned order as illegal and arbitrary, prayer has been made by the applicant for the quashing of the same with a direction to the respondents to release all the retiral benefits of the deceased employee along with interest to the applicant otherwise the applicant shall suffer irreparable loss and damage.

4. I have heard learned counsel for the parties and perused the records.

5. Learned counsel for the applicant submitted that the applicant namely Shri Brij Raj is the father of the deceased employee namely Lalita who was employed in the respondents’ department and died on 15.08.2021. There were no other legal heirs except the applicant. The applicant had earlier approached before this Bench through OA No 299 of 2023 and while deciding the same, specific direction was given to the respondents by the Tribunal to take decision on the representation of the applicant within a period of four months for releasing the pending death cum retiral dues of the deceased employee in favour of the applicant. Referring to the impugned order dated 25.01.2024, it was further argued that the applicant is not in a position to file any divorce decree that took place between the deceased employee and her husband and there is no other claimant of the retiral dues and thus the respondents ought to have released the death cum retiral dues of the deceased employee in favour of the applicant him being the sole legal heir. In support of his claim, learned counsel for the applicant has placed reliance upon the following case laws:

i. Judgment dated 15.3.1996 passed by the Calcutta Bench of Central Administrative Tribunal in TA No 9 of 1995 titled Smt Ira Chakrabarty Vs Union of India and Others.

ii. Judgment dated 21.12.1995 passed by the Hyderabad Bench of Central Administrative Tribunal in OA