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Central Administrative Tribunal - Delhi

Adesh Kumar vs Cpwd on 9 August, 2016

              Central Administrative Tribunal
                Principal Bench, New Delhi
                         O.A. No.100/2691/2016

                                   Tuesday, this the 9th day of August, 2016

           Hon'ble Mr. K.N. Shrivastava, Member (A)

1.   Ms. Adesh Kumar w/o late Mr. Ved Pal
     r/o 25/254, Trilok Puri
     Delhi -91 aged about 53 years

2.   Miss. Preeti Singh d/o late Mr. Ved Pal
     r/o 25/254, Trilok Puri
     Delhi -91 aged about __ years

3.   Miss. Pinky d/o late Mr. Ved Pal
     r/o 25/254, Trilok Puri
     Delhi -91 aged about __ years
                                                               ..Applicants
(Mr. Malaya Chand, Advocate)

                                  Versus

1.   Director General, CPWD
     A Wing, Room No.101
     Nirman Bhawan, New Delhi

2.   Executive Manager
     Parliament Works Division III
     CPWD, C-405, IP Bhawan
     New Delh-2
                                                             ..Respondents
(Ms. Sushma, Advocate for Mr. Hanu Bhasker, Advocate)

                           O R D E R (ORAL)

Heard.

2. Issue notice to the respondents. Ms. Sushma, learned proxy counsel for Mr. Hanu Bhasker, learned standing counsel, appears and accepts notice on behalf of the respondents.

3. The applicant No.1's husband, late Mr. Ved Pal Singh was working as Chowkidar (MTS) under respondent No.2. He died in harness on 2 O.A.No.2691/2016 28.12.2014. In the service book of the deceased, names of two daughters, i.e., applicant Nos. 2 and 3 are not reflected. Mr. Ved Pal Singh is stated to have submitted his family details in Form No.3 on 14.09.2004 to respondent No.2, in which the names of two daughters, i.e., applicant Nos. 2 and 3 are not shown. The applicant No.1, vide her Annexure A-3 representation dated 02.03.2016, had requested respondent No.2 to include the names of the two daughters (applicant Nos. 2 and 3) in the service records of deceased Mr. Ved Pal Singh but the same has been declined by respondent No.1 vide impugned Annexure A-1 communication dated 07.03.2016. In the impugned communication, it is stated by respondent No.2 that the deceased had given details of his family members in Form No.3 on 14.09.2004, in which the names of applicant Nos. 2 and 3 have not been shown, and hence the request of the applicant to register the names of these two applicants in the service book of deceased Mr. Ved Pal Singh cannot be considered.

4. Learned counsel for the applicants submitted that applicant Nos. 2 and 3 are indeed the daughters of late Mr. Ved Pal Singh and his legally wedded wife (applicant No.1), which can be borne out from the ration card, CGHS card, mark sheets and the school living certificates of said said applicants.

5. Under these circumstances, I am of the view that a direction is required to be issued to the respondent No.2 to get a thorough inquiry conducted to verify and ascertain the facts.

6. Accordingly, I direct respondent No.2 to get a factual inquiry conducted to confirm as to whether applicant Nos. 2 and 3 are daughters of 3 O.A.No.2691/2016 the deceased Mr. Ved Pal Singh and applicant No.1. If the inquiry establishes that they are indeed the daughters of the deceased, the respondent No.2 shall make appropriate entry in the service book of the deceased.

7. With the above direction, the O.A. is disposed of at the admission stage itself.

( K.N. Shrivastava ) Member (A) August 9, 2016 /sunil/