Central Administrative Tribunal - Ernakulam
K.Radha vs Union Of India Represented By The ... on 17 November, 2009
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
O.A. NO. 793 OF 2009
Tuesday, this the 17th day of November, 2009.
CORAM:
HON'BLE Dr.K.B.S.RAJAN, JUDICIAL MEMBER
HON'BLE Mr. K.GEORGE JOSEPH, ADMINISTRATIVE MEMBER
K.Radha
Gourisankaram, C/8 Hill View Garden
P>O Puduppariyaram, Thananvu
Palakkad ... Applicant
(By Advocate Mr. V.Rajendran )
versus
1. Union of India represented by the Secretary
Ministry of Communication & IT
Department of Posts
Dak Bhavan, Sansad Marg
New Delhi - 110- 001
2. Director General
Department of Post (Pension Section)
Dak Bhavan, Sansad Marg
New Delhi - 110- 001
3. Director of Accounts (Postal) Kerala Circle
IV Floor, GPO Building
Trivandrum - 695 001
4. Superintendent of Post Offices, Manjeri
Malappuram District ... Respondents
(By Advocate Mrs. Aysha Youseff, ACGSC )
The application having been heard on 17.11.2009, the Tribunal
on the same day delivered the following:
O R D E R
HON'BLE Dr.K.B.S.RAJAN, JUDICIAL MEMBER The applicant is the eldest daughter of a pensioner who died as early as on 11.12.1960. She is right now seventy five years of age and a widow. The family pension made available to the spouse of the pensioner continued till the spouse was alive (till 25.01.1984). The applicant through this OA has claimed that on the strength of Annexure A-1 Office Memorandum dated 25.08.2004 she should be afforded family pension as there is no age restriction for family pension in respect of disabled / divorced / widowed daughter. When the applicant approached the Department vide Annexure A-3 letter dated 04.08.2008 the Superintendent of Post Offices vide Annexure A-4 communication dated 19.09.2008, clearly reflected, " Smt.K.Radha is eligible for family pension subject to all other conditions prescribed in the case of son/daughter." The applicant having not received any further reference, has again renewed her request and this time to the Additional Secretary (Pensions) vide Annexure A-6 letter dated 19.06.2009. Meanwhile vide communication dated 25.02.2009, the Director, Directorate of Accounts, Kerala Circle, Trivandrum has referred the matter to Director General in respect of two cases, one of which relates to the applicant and the relevant portion of the letter reads as under :-
" In another case Smt.K.Radha aged 75 years has submitted a claim for family pension. Her father late Shri K.Krishnan Kutty Menon was retired from service on 16.12.1959 and expired on 11.12.1960. After his death, her mother was drawing family pension till her death on 25.01.1984. The claimant was depending on her husband for livelihood till his death on 16.02.1992, and then became widow and is now living with her daughter. A doubt is also arised whether she comes under the purview of Government order dated 30th Aug 2004 for grant of family pension. As early reply is solicited."
2. There has been no further communication from the Director to the applicant, as apparently no decision seems to have been taken by the Director General, Department of Posts in this regard.
3. Counsel for applicant submitted that in view of the clear rule position as contained in Annexure A-1 read with due recommendation of the Superintendent of Post Offices vide Annexure A-4, it should not take much time for the Department of Posts to communicate its views / decisions to the Director of Posts. He has therefore prayed for calendering a time schedule for disposal of the case of the applicant by the administrative authorities. Counsel for respondents submitted that respondents may not have any objection for the same.
4. As recommendation of the Department is very clear and so as the rule position, we are of the considered view that interest of justice will be met if a direction is given to Respondent No.2 (Director General, Department of Posts) to dispose of the pending letter dated 25.02.2009 from the Director of Accounts (Postal) Kerala Circle, Trivandrum vide Annexure A-5. A copy of the entire OA may also be sent to the Director General, Department of Posts for consideration of the case and to communicate the decision as early as possible, preferably within a period of two months from the date of communication of a copy of this order.
5. OA is disposed of on the above lines. No costs.
Dated, the 17th November, 2009.
K GEORGE JOSEPH Dr.K.B.S.RAJAN ADMINISTRATIVE MEMBER JUDICIAL MEMBER vs