Central Administrative Tribunal - Patna
Lalbabu Paswan vs Railway on 21 February, 2024
// 1 // OA/050/00391/2020
CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH, PATNA
O.A. No. 050/00391/2020
050/00
Reserved on : 09th February, 2024
: st February, 2024
Pronounced on :21
CORAM
HON'BLE SHRI AJAY PRATAP SINGH, MEMBER [J]
Lalbabu Paswan, son of late Rameshwar Paswan, Resident of
Village Milki, P.S- Nayagaon, District-Saran
Saran- 841101.
.......... Applicant.
-Versus
Versus-
1. The Union of India through the Chairman, Indian Railway, Railway
Board New Delhi - 110001.
2. The General Manager, E.C. Railway, Hajipur (Bihar) - 844102
3. The Chief Personnel Officer, E.C. Railway, Hajipur (Bihar) -
844102.
4. The Chief Accounts Officer, E.C. Railway, Hajipur, Bihar - 844102.
5. The Accounts Officer, E.C. Railway, Sonpur - 841101.
......... Respondents.
Shri S.K. Tiwary
Tiwary,, Learned Counsel for Applicant.
Applicant
Shri A.K. Mantu
Mantu,, Learned Addl. Standing Counsel for Respondents
ORDER
AS PER : AJAY PRATAP SINGH, MEMBER [JUDICIAL] [JUDIC
1. The present original application has been filed under section 19 of Administrative Tribunals Act, 1985 to set-aside set aside order dated 22.06.2020 issued by Sr. D.P.O. Sonpur rejecting representation of applicant as to claim for grant of family pension based on date of birth recorded in Matriculation Certificate.
2. The applicant has claimed following main relief (as extracted from the OA) as under:
under:-
"(i) The rejection order dated 22.06.2020 as contained in Annexure - A/6 may be quashed and set aside & further directed to the respondents for finalize his family pension w.e.f. 17.03.2014 14 and its benefits under Railway (Pension) Rules 1972 with all consequential benefits immediately.
(ii) The applicant further prays that arrears of the pension and its benefits with 10% interest may be granted.
(iii) Any relief/reliefs may be granted to thet applicant for ends of the justice."
// 2 // OA/050/00391/2020
3. Briefly, stated the facts as adumbrated by the applicant in the OA that the father of applicant on 30.06.1995 stood superannuated from the post of B.M. Mechanical, ECR, Sonpur. The P.P.O. dated 12.07.1995 was issued and applicant father Rameshwar Paswan died on 22.03.1998. The family pension was granted to mother till de death ath on 25.06.2001. Thereafter accordance with rule rules elder brother Sanjeev thereafter Mukesh Kumar was granted family pension till 16.03.2014 on attaining age of 25 years. The applicant being younger son of deceased employee submitted application for grant of family pension. The respondent authorities sent letter dated 08.02.2019 issued by Sr. D.P.O. to applicant to submit documents duly verified for grant of family pension. The Principal Gopal Singh Inter-level level School, chool, Na Nayagaon agaon verified credentials of applicant with Date of Birth 10.02.1993 and sent to office of DRM (P), Sonpur as evident from Annexure - A/4(a) with OA. The date of birth of applicant is 10.02.1993 (Tenth February nineteen ninety three) recorded in Bihar Sch School ool Examination Board, Patna duly verified by the Principal of School and report dated 16.09.2019 (Annexure - A/4(a)) sent to DRM (P) Sonpur.
4. The further case of applicant is that applicant along with form submitted Bihar School Examination Board, Patna in the office of respondents with ccertificate ertificate duly issued by the statutory Board, Patna. The date of birth recorded is 10th February, 1993 in the Bihar School Examination Board, Patna certificate undisputed fact, authenticity not in question.
5. The applicant further made averments that applicant is entitled for family pension upto the age of 25 years. The date of birth as mentioned in Matriculation Certificate is 10.02.1993 and entitled for family pension from 16.03.2014 till 10.02.2018 on attaining age of 25 years.
6. Per contra, respondents have contested the claim of applicant by filing written statement that applicant submitted application for grant of family pension alongw alongwith Mark sheet of Bihar School Examination Board, Patna dated 28.05.2008 alongwith his aapplication.
pplication. In para 3 of written statement, further stated that DOB is 10.02.1993 as per educational certificate. The applicant father name in service record is Rameshwar, whereas in applicant's Matriculation Certificate and applications for Family Pension he has mentioned Rameshwar Paswan. So there is difference in declaration given by ex ex-employee.
employee. So also case of respondents that though // 3 // OA/050/00391/2020 as per Matriculation Certificate DOB is 10.02.1993 but form form-6 6 contains name of family members younger sister is 6 years, applicant shown seven years and eleven years. In Railway pass applicant age shown five years. The employee form - 6 in pension paper age of 25 years completed by applicant in May 2013 and family pension can not be granted granted.
7. Shri S.K. Tiwary, learned counsel counsel for applicant argued that applicant date of birth recorded as 10th February 1993 in Bihar School Examination Board, Matriculation Certificate. The DOB mentioned in Matriculation certificate and other educational certificate are accepted as genuine. The respondents are not disputing entitlement for family pension but on fflimsy limsy grounds rejected claim having completed 25 years of age in January 2014 2014. Whereas hereas applicant entitled for family pension from 16.03.2014 to 10.02.2018 completed 25 years age based on DOB recorded in Board Exam Matriculation Certificate.
8. Shri S.K. Tiwary, y, learned counsel for applicant further contended that railways accepted application with Matriculation Certificate but without any cogent clinching legal evidence on DOB, once genuineness or authenticity of Board Certificate not disputed. The respondents are bound to release family pension from 16.03.2014 to 10.02.2018 with arrears alongwith interest.
9. Shri A.K. Mantu, learned Additional Standing Counsel for respondents did not dispute as to entitlement of applicant for family pension. Shri A.K. Mantu, le learned arned counsel for respondents argued that since applicant completed 25 years age in January 2014 not entitled for family pension and supports impugned order.
10. The admitted fact in the case is that respondents admitted the claim of applicant for grant of fa family mily pension starting from 17.03.2014. The respondents directed applicant to submit documents for DOB applicant submitted Matriculation Certificate duly verified by the Principal. The DOB in Bihar School Examination Board, Patna is 10.02.1993 and same is on n record with respondents categorically admitted in para 3 & 4 of written statement. The respondents have also not challenged genuineness or authenticity of the Bihar School Examination Board, Patna Matriculation Certificate but not accepted DOB recorded iin it.
11. The dispute in the present case the stand of respondents railway that though Matriculation Certificate from Bihar School // 4 // OA/050/00391/2020 Examination Board with DOB recorded as 10th February 1993 of applicant but in form form-6 6 pension paper for family pension by ex-employee ex yee is basic documents and applicant age in it recorded as 7 years. In application of applicant father name iinstead nstead of Rameshwar applicant written name of ex-
ex-
employee as Rameshwar Paswan. So also in railway pass applicant age shown five years on 07.01.1994 07.01.1994.. The respondents in para 4 of written statement averred that applicant date of birth is doubtful, hence rejected the admitted claim of family pension.
12. No other point is pressed at the Bar by the learned counsel appearing for the parties.
13. This Tribunal has bestowed anxious considerations on the rival contentions of the learned counsel for the parties and perused the materials placed on record.
14. The applicant father superannuated on 30.06.1995 from the post of B.M. Grade Grade-II Mechanical and received received pension till 22.03.1998 date on which left for heavenly above. Thereafter wife of ex ex-employee employee received family pension till 26.06.2001 date of death.
15. The elder son Sanjeev also received family pension from 27.06.2001 to 19.02.2007 till completion of 25 2 years age.. Thereafter son Mukesh Kumar received family pensio pensionn from 20.02.2007 to 16.03.2014 till completion of 25 years.
16. The applicant in the present case thereafter filed application for grant of family pension with educational certificate for proof ooff Date of Birth as 10th February 1993. The respondents received verification of Matriculation Certificate from Principal of the school on 16.09.2019 (Annexure - A/4(a)) not disputed by the respondents on its genuineness or authenticity.
17. The Hon'ble High Court, urt, Kolkata in case of Nihar Ranjan Bhowmich versus State of West Bengal and others reported in 1992(3) SLJ 77 decided on 02.02.1989, the Lordhships held as:-
as:
"Therefore, when the genuineness or authenticity of the Matriculation Certificate is not disputed dispute or challenged the date of birth recorded in such certificate mustbe taken to be correct."
18. The Hon'ble High Court of Jharkhand at Ranchi in case of Sanjay Kumar versus SAIL and others W.P.(s) No.3290/2012 decided on 06/05.09.2012 has held reads as:
as:-
// 5 // OA/050/00391/2020 "If no other evidence is available on the record to contradict the entries made in the genuine Matriculation Certificate, date of birth mentioned in the Matriculation Certificate, should be accepted."
19. This Tribunal has considered the rival submissions. The respondents authorities in written statement in para 3 & 4 has admitted the claim of applicant for grant of family pension accordance with RS (Pension) Rules 1993. The claim of applicant for pension iiss admitted fact on record.
20. The respondents have accepted application for family pension with Bihar School Examination Board, Patna certificate dated 28.05.2008 duly verified by Principal, Gopal Singh Inter Inter-level level School, Nayagaon District Saran. The verifi verification cation report dated 16.09.2019 [Annexure - A/4(a)] has been sent to office of DRM (P) Sonpur in response to DRM(P) Sonpur letter for verification of Matriculation Certificate. The verification report dated 16.09.2019 as to Matriculation Certification Bihar School Examination Board Patna, the report also verified correct DOB as 10.03.1993.
21. The date of birth of applicant is recorded as 10th February 1993 in Matriculation Certifi Certificate ate issued by Bihar School Examination Examination Board, Patna (Annexure - A/4), verificatio fication n report dated 16.09.2019 [Annexure - A/4(a)] sent to DRM(P) Sonpur also on record. The respondents also not challenged genuineness or authenticity of the Bihar School Examination Board certificate but same time not considered authenticated duly verified B Bihar ihar School Examination 2008 Certificate for DOB of applicant. W Whereas hereas only on basis of doubt and without clinching legal evidence denied applicant family pension. There is no iota of any legal evidence to accept date of birth as claimed by respondents. Thee respondents are trying to fix date of birth of applicant without any legal cogent evidence. The applicant once based on authenticated, duly verified Matriculation Certificate established his date of birth as 10th February 1993. The Date of Birth 10th February 1993 entries recorded in genuine Matriculation Certificate of applicant deserves to accept as correct and applicant deserves consideration for payment of family pension due from 16.03.2014 to 10.02.2018 on attaining age of 25 years.
22. Consequently, the original application is allowed. The impugned order dated 22.06.2020 is set set-aside and hereby quashed. The // 6 // OA/050/00391/2020 applicant is held entitled for arrears of family pension to be computed as per findings supra and accordingly pay the arrears with within period of ninety nety days from receipt of certified copy of the order passed today, failing which the interest shall be paid @ @6 percent per annum from the date of entitlement till final payment.
23. No order as to costs.
24. Pending Miscellaneous Application (s), if any, shall stand stand disposed of.
Sd/-
[Ajay Pratap Singh] Judicial Member, Central Administrative Tribunal, Patna Bench, Patna
21. 02.2024.
sks/-