Central Administrative Tribunal - Kolkata
Mou Roy Tiwari vs M/O Defence on 31 August, 2022
4 CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH, KOLKATA O.A. No. 350/127/2022 Date of Order: 31.08.2022 Coram: Hon'ble Mr. J ayesh V. Bhairavia, Judicial Member In the matter of : "SMT. MOU ROY (TIWARI), aged about 41 -- years, wife of Late Mithilesh Tiwari, the said Mithilesh Tiwari while he was working to the post of Labourer (Semi Skilled) in the Gun & Shell Factory, Cossipore died in harness before retirement on 25.02.2020 leaving behind him the present applicant and the minor child namely Rohit Kumar Tiwari and residing at 241C/H/6, Ahcarya Prafulla Chandra Road, Ward No. 12, Kolkata Municipal Corporation, P.S. Burtolla, P.O. Shyambazar, Kolkata- 700004; . errr Applicant -Versus- 1. UNION OF INDIA service through the Secretary, Ministry of Defence (Defence and Production), Government of India, South Block, New Delhi-110001. 2. THE DIRECTOR GENERAL, Directorate of Ordnance (Coordination and Service), Department of Defence Production, Government of India, Ministry of Defence, 10A, Shaheed Khudiram Bose Road, Kolkata-700001. 3. THE SENIOR/GENERAL MANAGER, Gun & Shell Factory, Cossipore (a unit of Advanced Weapons and Equipment India Limited), a Government of India Enterprise, Ministry of Defence, Department of Defence Production, situated at Khagendra Chatterjee Road, CIT, Cossipore, Kolkata 700002. 4. THE JUNIOR WORKS MANAGER/PENSION, Gun & Shell Factory, Cossipore (a unit of Advanced Weapons and Equipment India Limited), a Government of India Enterprise, Ministry of Defence, Department of Defence Production, situated at Khagendra Chatterjee Road, CIT, Cossipore, Kolkata~700002. veseees Respondents For The Applicant(s): Mr. P.-C. Das, Ms. T. Maity; Counsel For The Respondent(s): Mr. R. Halder, Counsel ORDER(ORAL)
- Per: Wir. Jayesh V. Bhairavia, Member () Heard Ld. Counsels for both sides.
2. This matter is taken up by Single Bench in view of the revised list dated 04.04.2000 issued under Sub-Section (6) of Section 5 of the Administrative Tribunals Act, 1985, and, as no complicated questions of law are involved, this matter is taken up for disposal at the admission stage with the consent of both the parties.
3. This application has been preferred under Section 19 of the Administrative Tribunals Act, 1985 to seek the following relief:
"(a) To quash and/or set aside the impugned office order dated
04.11.2021 issued by the Junior Works Manager, Gun & Shell Factory, Cossipore on behalf of the General Manager, Gun & Shell Factory, Cossipore by insisting your applicant to submit a legal heir certificate from the competent court of law which is totally impermissible as per the rule being Annexure A-4 of this original application.
(b) To quash and/or set aside the impugned office letter dated 04.02.2021 issued by the Junior Works Manager/Pension, Gun & Shell Factory, Cossipore under Column No. 4 only by which the applicant was directed to obtain Legal Heir Certificate from the competent court of law which is totally arbitrary and illegal being Annexure A-1 of this original application.
{c) To pass an appropriate order directing upon the respondent authority to disburse of all settlement dues and retiral benefits | including pension in favour of the applicant of her husband Late Mithilesh Tiwari who died in harness on 25.02.2020 while he was working to the post of Labourer (Semi-Skilled) in the Gun & Shell Factory, Cossipore leaving behind your applicant and one minor son namely Rohit Kumar Tiwari and till today the applicant the her minor child did not get anything from the department along with all consequential benefits with interest for delayed payment of the settlement dues including pension of Late Mithilesh Tiwari;
(d) To declare that in terms of the Marriage Certificate produced by the applicant and the Affidavit affirmed by the applicant before the ist Class Judicial Magistrate at Sealdah which was furnished through her representation dated 12.02.2021 and the respondent authority have accepted such documents. On the basis of that the applicant is entitled to get all terminal benefits including settlement dues and pension of her husband Late Mithilesh Tiwari Labourer (Semi-Skilled) in the Gun & Shell Factory, Cossipore along with all consequentialbenefits;."
4. At hearing, Ld. Counsel for the applicant would submit that, since the applicant herein is the legally wedded wife of the deceased employee, namely, Late Sri Mithilesh Tiwari of Gun & Shell Factory, Cossipore, the admissible retiral benefits should be released in her favour.
At the same time, Ld. Counsel for the respondents would submit that the minor son of the deceased employee born from the second wife is also entitled to benefit of 50% of the admissible retiral dues, being the legal heir of the deceased as and when an appropriate guardian certificate is produced before the department.
Pursuant to the interim direction issued by this Tribunal, it is brought to my notice that the respondents have already issued an order dated 12.08.2022 wherein the competent authority has stated that the applicant, who is the 34 wife of the deceased employee, is found to be the legally wedded wife, and, hence, entitled to receive benefits of DCRG and other admissible retiral dues including pension, as per rules, as well as 'the DoPT i guidelines. The said letter is taken on record.
5. Ld. Counsel for the respondents would submit that the applicant herein is entitled to receive only 50% of the DCRG and other retiral dues including family pension as admissible under the rules. He reiterates that upon receipt of guardianship certificate in favour of the minor son of the deceased employee, ~ namely, Rohit Kumar Tiwari, the same shall be released accordingly.
6. In view of the aforesaid submissions, this Tribunal deems it fit to dispose of this O.A., with a direction upon the respondents to release 50% of the admissible retiral dues, including family pension, in favour of the applicant herein, within 90 days from the date of receipt of a copy of this order.
In the event the respondents fail to release the amount within the above stipulated period, interest at statutory rates shall be granted in favour of the applicant till the date of actual payment.
7. With these directions the O.A. stands disposed of. No costs. ----
\ (Jayesh V. Bhairavia) . Member (J) UJ