CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH, KOLKATA.

RA.No.350/26/2025 with MA No./350/701/2025 in OA No.350/01546/2019 Dated, this the 28^th November, 2025.

Coram : Hon’ble Mr. Jayesh V. Bhairavia, Member (J)

1. Union of India, service through the Secretary, Ministry of Defence (Defence and Production)

South Block, New Delhi -110 001.

2. The Director General Ordnance (C&S), Ahmedabad Ministry of Defence, 10A, Shaheed Khudiram Bose Road, Kolkata – 700 001.

3. The General Manager, Rifle Factory Ishapore (Presently replaced by the Chief General Manager)

A Unit of Advance Weapons and Equipment India Limited)

A Government of India Enterprise, situated at Ichapur, North 24 Parganas, West Bengal – 743 144.

4. The Principal Controller of Defence Accounts, Draupadi Ghat, Prayagraj, Allahabad, Uttar Pradesh – 211014.

5. Chairman cum Managing Director, Advanced Weapons and Equipment India Limited, A Government of India Enterprise, Ministry of Defence, Ordnance Factory, Kalpi Road, Kanpur – 208 009. (U.P.).............................. Applicants ( By Advocate : Mr. B.B.Chatterjee )

Versus Late Tarapada Das, S/o. Late Amulya Chandra Das Occupation- retired, Residing at Sarkarpara P.O. Ichapur, Nawabgunj, North 24 Parganas West Bengal – 743 144……………………………………… Respondent (By Circulation)

O R D E R

Per : Hon’ble Shri Jayesh V Bhairavia, Member (J)

1. This Review Application No.26/2025 has been filed under Section 22(3)(f) of the Administrative Tribunals Act, 1985 seeking review of the order dated 09.09.2022 passed in Original Application No.350/01546/2019.

2. Along with the Review Application, the review applicants (Original Respondents in OA) have filed a Misc. Application No.701/2025 seeking condonation of delay of 03 years and 05 months in filing the Review Application.

3. I have gone through the averments and grounds stated in the MA Ahmedabad No.701/2025 for condonation of delay in filing of the Review Application No.26/2025 and also the order passed in the OA No.

350/01546/2019.

4. The review applicants (Original respondents in OA) averred that they have received certified copy of the order dated 09.09.2022 passed in the OA No. 350/01546/2019 on 22.02.2024 from the Learned CGSC appearing on behalf of the respondents. It is submitted that neither the applicant nor his counsel had communicated the order dated 09.09.2022 passed by the Tribunal to the respondents department.

5. On receipt of the Order dated 09.09.2022, the respondents took necessary steps and it was found that the applicant was not withdrawing his pension from his pension account. Further, it emerges from the service record of the applicant that Smt.Ruma Das was the wife of the applicant who predeceased the applicant on 13.11.2014 (Annexure RA/4). Smt. Rumpa Das was the daughter of the applicant, who stated that her father (i.e. the applicant) had expired on 16.07.2021. In support of her statement, she had produced a copy of the Death Certificate dated 03.01.2022.

6. The Review Applicants submits that the original applicant in OA had expired on 16.07.2021 and this material fact was not brought to the knowledge of the Tribunal at the time of passing of the Order dated 09.09.2022.

7. The Review Applicants on placing reliance on the judgments passed by the Hon’ble Apex Court in the case of (i) Jayaram Reddy v/s. Revenue Divisional Officer and Land Acquisition Officer, Kurnool, reported in (1979) 3 SCC 578 and (ii) Amba Bai and Ors. V/s. Gopal & Ors. (2001 INSC 263) submitted that in one of the case refer above, it was adjudicated that ‘Decree passed in favour of dead person A nullity’, which essentially mean that any court order or Ahmedabad decree issued in favour of a person who is already deceased is considered legally void and cannot be enforced or executed. Based on the aforesaid judgment, the Review Applicants submit that the Order dated 09.09.2022 passed in OA No.350/1546/2019 by the Kolkata Bench suffers from infirmity and requires to be reviewed.

8. Further, it is submitted that the R