Central Administrative Tribunal - Madras
Rajavelu vs M/O Railways on 7 April, 2022
1 OA 469/2021
CENTRAL ADMINISTRATIVE TRIBUNAL
CHENNAI BENCH
OA NO.469/2021
Dated Thursday the 7th day of April Two Thousand Twenty Two
CORUM: HON'BLE MS. LATA BASWARAJ PATNE, JUDICIAL MEMBER
Rajavelu,
S/o. Late Mr.M.Rethina Padayachi,
43, North Main Street, Vazhuvoor-SPO,
Elanthangudi Post, Kuthalam-TK,
Nagappattinam District 609 401 ...Applicant
By Advocate M/s L.P.Maurya
Vs.
1.Union of India,
Rep., by its Divisional Railway Manager,
Divisional Office, Personnel Branch,
Southern Railway, Tirichirapalli.
2.Divisional Personnel Officer,
Divisional Office, Personnel Branch,
Southern Railway, Tirichirapalli ...Respondents
By Advocate Mrs. Meera Gnanasekar
2 OA 469/2021
ORAL ORDER
(Pronounced by Hon'ble Ms. Lata Baswaraj Patne, Member(J)) The applicant has filed the present OA under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:
"To direct the respondents to disperse the family pension benefits due to the applicant mother to the applicant with interest on belated payment of family pension benefits within a time frame fixed by this Hon'ble Tribunal."
2. The brief facts of the case as stated by the applicant is as follows:
The applicant's father Mr.Rethina Padayachi is a retired Senior Gateman and his mother is the second wife of Mr.Rethina Padayachi. After the death of his father on 15.05.2003 his mother applied for family pension before the pension adalat held in the year 2003. The 2 nd respondent, vide his letter dated 09.12.2003 had requested the applicant's mother to submit original service certificate of the applicant's father, original pension payment order along with legal heir certificate. All the said documents were submitted by the applicant's mother along with a representation on 20.02.2004. On 07.05.2004, the 2nd respondent informed the applicant's mother to submit succession certificate which was also submitted on 19.11.2004.Since there was no action, the applicant's mother submitted a representation on 08.08.2008. On 22.11.2012 the 2 nd respondent instructed the applicant's mother to submit the original copy of the succession certificate and the same was also submitted. On 23.04.2014, the applicant's mother again made a representation to the 2nd respondent followed by reminders dated 12.08.2014, 18.08.2014, 27.08.2014 for which a reply dated 26.11.2014 was received from the 2nd respondent stating nothing is available with the 3 OA 469/2021 department despite thorough searching and asking again to submit all the documents. On 29.11.2014 enclosing all the required documents the applicant's mother has sent a representation through registered post followed by another representation dated 03.12.2014 with required documents. On 08.12.2014 the respondent had instructed the applicant's mother to attend the Pension Adalat 2014 on 15.12.2014 along with all relevant documtns. Further representations were made by the applicant's mother on 01.07.2015 & 28.08.2015. On 07.12.2015 the 2 nd respondent informed the applicant's mother that her case cannot be considered since the required documents have not been submitted. The applicant's mother made a representation dated 14.10.2016 stating that she had already submitted all the required documents and requested as to what were the further relevant documents required. The said representation was followed by further representations dated 19.10.2016, 24.10.2016 & 31.10.2016. The applicant's mother also made a representation dated 25.10.2017 before the Pension Adalat on 25.10.2017. The 2nd respondent vide communication dated 13.13.2017 informed the applicant's mother that her case has been examined in detail and the same is examined by deputing a welfare inspector. The applicant's mother sent a communication dated 16.08.2018 enclsoing all the required documents and also informed the respondent that the original second half of Pension Payment Order is not available since the Bank officials have instructed that they would be only issuing the same after receipt of a communication directly from the office of the Railways. The said representation was followed by representations dated 06.05.2019 & 01.08.2019. Whileso, the applicant's mother passed away on 17.05.2020.
Aggrieved the applicant has filed this OA.
4 OA 469/2021
3. The respondents have entered appearance through their counsel and filed a reply statement refuting all the averments made by the applicant in the OA.
4. When the matter came up for hearing today, learned counsel for the respondents submitted that by letter dated 02.11.2021, the respondent authority had advised the applicant to submit a legal heirship certificate/death certificate so as to enable them to process the ex-gratia family pension arrears to the legal heirs of Smt.R.Lalitha. For claiming of the benefits and arrears, the legal heirs of Smt.R.Lalitha have to submit their bank accounts (first page with IFSC/SB Account No.), Adhar card and Pan Card duly attested by them. The counsel for the applicant submitted that as per the instructions of the respondent authority, the applicant has submitted all the details asked by the department on 31.12.2021.
5. In view of the submission made by both the parties, the respondents are hereby directed to verify the documents and accordingly release the ex- gratia family pension arrears to the applicant and other legal heirs of Smt.R.Lalitha, within two months from the date of receipt of a certified copy of this order.
6. The OA is disposed of accordingly with no order as to costs.
(Lata Baswaraj Patne) Member (J) 07.04.2022 MT