Central Administrative Tribunal - Gauhati
Mrs Raihena Begum vs D/O Post on 4 October, 2019
CENTRAL ADM Ni STRATI VE TRI GUWAHATI BENC BUNA L Original Application No. 040/0018401 2018 Date of Decision: oa. is. ae cig THE HON'BLE MR. N. NEIHSIAL, ADMINISTRATIVE MEMBER Mrs.Raihena Begum. W/O-Late Feroz All Ahmed [Ex-SDI, Nagaon West Sub-Division} D/O-Md.Hefizuddin Anmed R/O-Nava Jyalt Path, Naliapool, P.O, & P.S-Dibrugarh, Dist-Dibrugarh, Assam Pin Code-786001 By Advocate: Mr.A.Mannat | | -Versus- }, The Uni on of India | Applicant Represented by the Secretary tothe Government of India, Ministry of Communication Department of Posts, New Delhi 10011. 2. The Chief Post master General Assam Circle, Meghdoot Bhawan Panbazar, Guwahatl 3. The Director of Postal services|HO) Assam Circle, Panbarzor, Guwahati- a 4, The Postmaster General Dibrugarh Region, Diorugarh Near Nai lapool Masi. PLO. & PS Dibrugarh Pin Code7ea00| | 5. The superintendent « of Post Offices, Nageion Division, Nageaon, Pin Codle-782001 : veeees Respondents By Advocate: Smt G.Sutradhar, Addl.C.G.5.C ORDER
RA:
Hon'bis N.Neihsial, Administrative Member:
The applicant has filed this OA , under Section 19 of the Administrative Tribunals Act 1985, with the following reliefs eo Bi) To pass appropriate order or direction fo the . respondent authorities particu arly to the respondent No.5. fhe Superintendent of Post offices. Naggon Nagcn fo look info fhe grievance of the applicant and in consider her cppciniment on compassionate
- ground in any post in fhe Depariment of Posts as per her quaification.
iy FO pass agpropriate order or direction fo the ' dent a athens jo dispose of fhe application olong with compassionate format enciosing her all required parliculars/cocuments dated 17.11.2017 fAnnexure-5} fled by the applicant before the respondent No.5, the. Super intendent of Post Offices, sagaon OWEN Negaon.
fil} To-pass ar ny other order or orders as deemed ft, proper and adeqicte by fis Han' ble Tdunal in the interest of} lusliog;! 2 RAS ManaGt ees for the applicant submitied that Pursuant to the office letter vide 'No.BX/Ngg/Relaxation/R.Begum dated 10.10.2017 issued by the Superintendent of Post Offices, Nagaon Division | Nagaon, the applicant submitted prescribed format (duly illed up) annexing all her fequited educational testimonials on 17.11.2017 before the "sci respondent No.5, 'superintendent of Post Offices, Nagaon Division, Nagaon . seeking for. appol intment on / compassionate ground. for | death of her husband Late. Feroz Ali Ahmed. (Ex-SDI, Nagoon, West Sub Division. on 06. 08. 2017 while In service. Though the applicant hos been approaching "and requesting the respondent | quthorifies by filing representations no frullful result 415 coming out | in favour oF the appl icant.
Learned counsel for the applicant has pointed our. '4 the areuarids with legal provisions and submitted that the applicant has submi ted the prescribed format for compassionate appointment on 17.34.20) f before fhe respondent Nos tne. Superintendent of Post Offic Bs Nogaon: Division, Negaon enclosing requi red documents as sougnt for in ine sai id fon mat. But necessary 'action has not been done in favour oF the oppicant by 'appoint ing her under scheme of compassionate appol iniment which violates the princip 1S ob natural justice
4. Respondents fi led written statement on 20,7.2018, The respondents adm Hed that the deceased Govermen! emo! oyee intially ap ointed on 01 OF. 1996, was working | as inspector of Posts, Nagaon (West) Sub-Division since:
20.02.2017. He expi ired on 06. 08.2017 "as per death cetificate issued by A .MCH, Dibrugarh, 'The respondents stated that Mrs. Raihena Begum who claimed herself as the wife of Li Feroz Alt Ahmed had applied for campassionate appointment against the post Late Feroz All Ahmed, And Ahmed or 17. 1 2017 atin ' Jaw's house since 01.01 2017. Mis, divorced by her husband LU, Feroz Al Ahmed, another application 1Ob relax appointment was also recelved from Mad. Safdar. At med, younger 'brother of ut. Feroz All Ahmed. In the mecntine another "jetier was received from Mrs. Ambio- Be hat. Mrs.Raiheno | Begum (Petitioner is the divorced wi fe of her son Lt. Feroz Ali Ahmed. Bul legal document of dusite was nol submitted by Mrs. Ambia Begum. Being su h the case one letter was sent fo the Supa. Of Post offices, Dibrugarh Division on 27.12.2017 to "inguiry the | aclval marriage position of MrsRoihena BegumiPetition er).the : inquiry officer of Dibrugarh Postal Division contacted Mrs.Ambia Begum, mother of ihe Li.Feraz All Ahmed and as per her. verbal | atélernent, i was gathered that Mrs.Raihena Begum Wweals divorced as per Muslim Law and she was not residing in-
Ambia Begum submitted some documents relating tO divorce issued from the: Kazi office, Dhing. Further, : the ingui ry alsa contacted Mss. Raihena Begum, she verbo ly stated that she was not. 1, mother of Li.Feroz Ali 'appoinimen} as the lec 2] "also further stated that Smt. Ambia Begum :
5. Keeping in. view. of 'ine above. situation, the | respondents stated that thay are not ina position fo consider rie CeKe 6 Ihe aiogledn! for compassionate ir é yal fo be established and the present 'applicant has not obtained NOC fram the family members of the deceased government official:
Respondents also high lighted that the certificate of ine deceased government "employees obtained from the Assam Medical Co! lege Hospital, Dibrugarh, where if was noted the expiry date of LtFeroz All Ahmed as 06.08.2017 Another death certificate issued. by Municipality Board, - Dibrugarh had been suomitted by smi. Ambia Begum, mother of Lt. Feroz Ali Ahmed where date of death was as 13.08.2017. The respondents also stated that actual legal heir Proot is also yet to be received by the departmeni.
Pensionery penetiis cannot be sanctioned Hil esiabishimient of actual legal heir. Tl |ihe establishment of actual! egal nett | the - applicat ion. on et mpossionate appointment of the applicant connot pe ore cessed further. The respondents, bmitled copy LUNI ELIOT TIVUT LLU UTLTITTRELLLTLET LETHE of talag (Fatwa) consisting tv ) pages, legal heir certificate cancelled letter issued by Circle Officer, East Revenue Circle obtal ned by Raihena Begum consisting of one page, eed by ADC calling back ihe orginal herr certificate from Sov Raihena- Begum "consisting of one page, compl nt petition of Criminal Cose NO. 12/2017 consisting of ' «43 pages.
| a on response to the wri ten statement submiited by the respondents the epplicant. submitted | rejoinder on
20. 08.2018. In the rejo} oinder, it was subrnit Hed by the learned | eibab for the 'applicant that during process of the : adjudication of the- OAu - ihe. _respondent No.5, the Supeintenden of Past offices, Nagaon Divis ision, has filed Q writen statement wherein it was stated that ane younger brother of the deceased employee, Mad. Safdar Anmed has . fied another appl cation before ti ne respondents seeking for his appointment on "compa sionate/reloxation "ground agains the post of Late Feroz. Ali Ahmed. Now, question | arises as fo whether a brother ° Fhe deceased employee is entitled to be considered "for his appointment on compassionate/tel jaxation ground superseding the wife of the deceased 'and also (2) ewhether the fact of the divorce/talaq on. 1 01, 2017 i is true, correct and valid under the relevant law.
7. From the above. it is amply clear that respondent authorities are not able fo proceed further for compassionate appointment to the present applicant, as the issue helr of ihe local status of fhe. applicant whether she continue ear g 8 a Jegal married wife of the deceased government « employee on ihe date of his deain '1.€ 06,08. 2017 or 13.08.2017, as the case is yet fo be selfied. | "From the submission oF the respondents avithorities, it appears that they are also yet to selie the family pension and the pensionary benefits payable to the family of the 'deceased government employee. They also stated that once of the issue of lecal heir is decided that they would be. able fo proceed | further for processing of ihe compassionate appointment. AS such, | found that the anna, We. MACMALL Z submission of the present applicant for compassionate | appointment is at this stage premature, is liable fo be dismissed. Let the issue of heir legal status, as the wife of the deceased government servant and also legal heir for other terminal benefits be | decided and settled by the respondents/appropriate authority as early as possible,
8. Accordingly, O.A. is hereby dismissed. No order as to costs.
: ae ps = Mr. N. Neihial Hon'ble Member {A}