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Central Administrative Tribunal - Allahabad

Kumari Meera Gautam vs Union Of India on 2 June, 2009

      

  

  

 OPEN COURT

CENTRAL ADMINISTRATIVE TRIBUNAL ALLAHABAD BENCH 
ALLAHABAD

(THIS THE 2ND DAY OF JUNE 2009)

PRESENT

HONBLE MR. S.N SHUKLA, MEMBER (A)

                      ORIGINAL  APPLICATION  NO.  607  of  2009.
(U/S 19, Administrative  Tribunal Act, 1985)

Kumari Meera Gautam, D/o late Shri Prakash Chandra Gautam, R/o 333C, Company Bagh Tundla, District Firozabad.

. . . . . . . . .Applicant

By Advocate : Shri P. Srivastava
	     
Versus

1.	Union of India, through its General Manager, North Central Railway, Allahabad.
2.	Divisional Railway Manager, North Central Railway, Nabab Yousuf Road, Allahabad.
3.	Senior Divisional Railway Personnel Officer, Allahabad. 

. ..Respondents


By Advocates   :   Shri P.N Rai

O R D E R

Heard Shri P. Srivastava, Advocate appearing for the applicant and Shri P.N Rai, Advocate appearing for the Respondents.

2. The present O.A. has been filed by the daughter of the deceased Railway employee/Late Shri Prakash Chandra Gautam, who was last posted at Tundla Junction on the post of Assistant Guard. In the year 1984, there were some disciplinary action against the deceased employee. In the year 2006, the father of the applicant died followed by the demise of the mother of the applicant as well in the year2008. It is stated that on death of applicants father, there has been no settlement of his pensionery benefits, which includes pension, gratuity, Provident Fund etc. It is also stated that applicant has been running from pillar to post, meeting the Authorities in this connection, however, apart from giving some oral assurance, no relief is forthcoming. Consequently, applicant filed representation dated 2nd March 2009 before General Manager, North Central Railway, Allahabad. Representation remains undecided till date.

3. Registry has pointed out a delay in filing of this O.A. Learned counsel for the applicant, however, argues that the question of pension and pensionery benefits is a recurring cause of action as decided by several Courts including Apex Court and pleaded that grievance of the applicant might be redressed, if her representation dated 2.3.2009 is decided within a specified period through a reasoned and speaking order.

4. In the light of the above, this Tribunal directs the Competent Authority to consider all aspects of the case as narrated in the representation dated 2.3.2009 (Annexure A-1 to this O.A.) and pass a reasoned and speaking order within 3 months of receipt of this order. Applicant is directed to file a certified copy of this order alongwith her O.A. and annexures to the Competent Authority within 2 weeks. If such an application is made before the Competent Authority, the same will be disposed of as stated above.

6. With above direction, the O.A. is disposed of. No costs.

Member (A) Manish/-

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