Central Administrative Tribunal - Allahabad
Smt. Meera Devi Aged About 51 Years Wife ... vs Union Of India Through General Manager on 14 May, 2010
Open Court CENTRAL ADMINISTRATIVE TRIBUNAL ALLAHABAD BENCH ALLAHABAD ********* Original Application No. 584 of 2010 Allahabad this the _14th_ day of May, 2010 Honble Mr. A.K. Gaur, Member (J) Smt. Meera Devi aged about 51 years wife of late Shri Ram Dayal, R/o Ram Mandir, Sipri Bazar, Jhansi. Applicant By Advocate: Sri R.K. Nigam Vs. 1. Union of India through General Manager, North Central Railway, Allahabad. 2. Divisional Railway Manager, North Central Railway, Agra. Respondents By Advocate: Sri P.N. Rai O R D E R
Heard Sri R.K. Nigam, learned counsel for the applicant and Sri S.P. Mishra holding brief of Sri P.N. Rai, Counsel for the respondents.
2. In the present O.A., applicant has claimed for compassionate allowance. Learned counsel for the applicant stated that in similar and identical facts and circumstances, this Tribunal in O.A. No. 804 of 2007 Jai Singh Bahadur vs. Union of India and others, has directed the respondents to pay compassionate allowance. Learned counsel for the respondents stated that this O.A. is time barred. Sri R.K. Nigam, learned counsel for the applicant would contend that there is recurring cause of action and the applicant deserves to be given benefit of compassionate allowance. He has further made innocuous prayer that the respondents may be directed to consider and decide the representation dated 03.09.2009 (Annexure A-6), preferred by the applicant, within a specified period of time.
3. In view of the above facts and circumstances, we are of the view that the grievance of the applicants might be redressed if we direct the competent authority in the respondents establishment to decide the pending representation 03.09.2009 (Annexure A-6) of the applicant. Accordingly, the competent authority in the respondents establishment is directed to decide the representation-dated 03.09.2009 (annexure A-6), preferred by the applicant, within a period of three months from the date of receipt of a certified copy of this order by passing a reasoned and speaking order. It is further directed that while deciding the representation of the applicant, this O.A. may be treated as part of the representation.
4. With the above directions, O.A. stands disposed of at the admission stage itself. There shall be no order as to costs.
Member (J) /M.M/ Open Court CENTRAL ADMINISTRATIVE TRIBUNAL ALLAHABAD BENCH ALLAHABAD ********* Original Application No. 598 of 2010 Allahabad this the _14th_ day of May, 2010 Honble Mr. A.K. Gaur, Member (J) Brijesh Kumar, son of late Sri Raj Narain, Resident of Village Darauli, P.O. Darauli, District Ghazipur. Applicant By Advocate: Sri B.N. Singh Vs.
1. Union of India through its General Manager, E.C. Rly., Hazipur.
2. Divisional Railway Manager, E.C. Rly., Danapur.
Respondents By Advocate: Sri P.N. Rai O R D E R Heard Sri B.N. Singh, learned counsel for the applicant and Sri S.P. Mishra holding brief of Sri P.N. Rai, Counsel for the respondents.
2. Learned counsel for the applicant at the very outset submitted that in a decision of Honble High Court reported in 1999 (2) E.S.C. 1339 [All.] Rajendra Kumar vs. State of U.P. and others (annexure A-11), grandson was considered to be dependent and direction was issued to appoint him on compassionate ground. In the present O.A., applicants request for appointment on compassionate ground has been rejected vide order dated 26.02.2010. Learned counsel appearing for the respondents stated that the impugned order does not require any interference as the same has been passed after careful analysis of the case.
3. Having heard the learned counsel for the parties, without interfering with the impugned order, I hereby direct the competent authority to consider the case of the applicant in the light of decision rendered by the Honble High Court reported in 1999 (2) E.S.C. 1339 [All.] Rajendra Kumar vs. State of U.P. and others (annexure A-11), and if the respondents find that the above cited Order of the Honble High Court is applicable, the case of present applicant may be considered under the provisions of law within a period of three months from the date of receipt of a certified copy of this order.
4. With the above directions, O.A. stands disposed of at the admission stage itself. No order as to costs.
Member (J) /M.M/ Open Court CENTRAL ADMINISTRATIVE TRIBUNAL ALLAHABAD BENCH ALLAHABAD ********* Original Application No. 678 of 2010 Allahabad this the _14th_ day of May, 2010 Honble Mr. A.K. Gaur, Member (J) Murari Saran Srivastava, S/o Late Sri I.S. Srivastava, R/o T-9/1, P.A.C. Lines, Old Cantt., District Allahabad. Applicant By Advocate: Sri Pankaj Srivastava Vs.
1. Union of India through its Secretary, Ministry of Defence, South Block, New Delhi.
2. Commander Works Engineer, Central Command, Allahabad.
3. Garrison Engineer, Military Engineering Services (East), District Allahabad.
4. Controller of Defence Accounts, Draupadi Ghat, Allahabad.
Respondents By Advocate: Sri R.D. Tiwari O R D E R Heard Sri Pankaj Srivastava, learned counsel for the applicant and Sri S.N. Chatterji holding brief of Sri R.D. Tiwari, Counsel for the respondents.
2. Learned counsel for the applicant submitted that applicants retiral benefits have not been paid to him, and there is no charge sheet or inquiry pending against him. The applicant has preferred a representation dated 08.03.2010 for redressal of his grievance as he has been facing acute hardship. Learned counsel for the applicant would contend that the respondents have also threatened the applicant to evict him from the accommodation in question.
3. In view of the above facts and circumstances, we are of the view that the grievance of the applicant might be redressed if direction is issued to the competent authority in the respondents establishment to decide the pending representation 08.03.2010 (Annexure A-4) of the applicant. Accordingly, the competent authority in the respondents establishment is directed to decide the representation-dated 08.03.2010 (annexure A-4), preferred by the applicant, within a period of two months from the date of receipt of a certified copy of this order by passing a reasoned and speaking order. It is further directed that the applicant shall not be disposed from the accommodation, in question, till the disposal of the representation if, he has already not been dispossessed.
4. With the above directions, O.A. stands disposed of at the admission stage itself. There shall be no order as to costs.
Member (J) /M.M/ Open Court CENTRAL ADMINISTRATIVE TRIBUNAL ALLAHABAD BENCH ALLAHABAD ********* Original Application No. 701 of 2010 Allahabad this the _14th_ day of May, 2010 Honble Mr. A.K. Gaur, Member (J) Chandra Mani S/o Shri Bindal Lal, R/o Sarvodaya Vihar, Near Pant Vihar Bada Gate, Saharanpur. Applicant By Advocate: Sri Rakesh Verma Vs.
1. Union of India through the Secretary, Ministry of Communication (Department of Posts), New Delhi.
2. The Senior Superintendent of Post Offices, Saharanpur Division, Saharanpur. Respondents By Advocate: Sri V.K. Shukla O R D E R Heard Sri Rakesh Verma, learned counsel for the applicant and Sri V.K. Shukla, Counsel for the respondents.
2. In the present O.A., applicant is aggrieved because of less payment of retiral benefits. Learned counsel for the applicant stated that he has already preferred a detailed representation dated 22.12.2009 (annexure-4) and submitted that applicants grievance might be redressed if the respondents are directed to consider and decide the representation dated 22.12.2009 (annexure-4), preferred by the applicant, within a specified period of time.
3. In view of the above facts and circumstances, the competent authority in the respondents establishment is directed to decide the representation-dated 22.12.2009 (annexure-4), preferred by the applicant, within a period of three months from the date of receipt of a certified copy of this order by passing a reasoned and speaking order. It is further directed that while deciding the representation of the applicant, this O.A. may be treated as part of the representation.
4. With the above directions, O.A. stands disposed of at the admission stage itself. There shall be no order as to costs.
Member (J) /M.M/