Delhi High Court
Union Of India Through General ... vs Ms. Asha Rani Chopra on 9 January, 2020
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment : 09th January, 2020
+ W.P.(C) 13460/2019
UNION OF INDIA THROUGH GENERAL MANAGER AND ORS.
..... Petitioners
Through Ms. Manita Verma, Advocate
versus
MS. ASHA RANI CHOPRA ..... Respondent
Through
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
G.S. SISTANI, J. (ORAL)
1. The present writ petition is directed against order dated 23.07.2019
passed by the Central Administrative Tribunal (the "Tribunal"). The
respondent, who is the widow of Late Shri Bishamber Lal Chopra, filed
OA No.1159/2017 seeking the following reliefs:
"(i) Direct the Respondents to consider the case of the
petitioner and pass directions to the Respondents
to make payment of entire family pensionary
benefits under Rule 70, 75 and 15 of Railway
Services Rules, 1993.
(ii) Direct the respondents to make payment of
interests on delayed payments applicable Interest
rate @ 9% a.m.
(iii) Any other relief which this Hon'ble Tribunal may
be pleased to pass under the facts and
circumstances of the case."
2. In the impugned order the Tribunal observed as under:
"2. During the course of the arguments, counsel for
the applicant has submitted that as per the previous order of
the Tribunal dated 28.05.2019, he has already provided the
two required documents to the respondents for release of
the family pension. However, the respondents' counsel
submitted that before settling the claim of the applicant, she
has to fill up the requisite forms for the claim of family
pension.
3. In view of the above factual situation, the applicant
is directed to visit the office of the respondent at 11 O'clock
on 05.08.2019 and contact Mr. Jagdish Chander,
COS/Settlement/DRM/Delhi, who is present in the Court
today, and has undertaken to ensure that the forms for the
claims of the applicant would be got filled by her and
thereafter he will check the same on the same date and in
case of any requirement, will inform the applicant about the
same so that the formalities are completed within two
working days positively. The respondents are thereafter
directed to sanction the claim of the applicant within 45
days and pay the same within 30 days of such sanction.
4. With the above directions, the OA is disposed of.
No order as to costs."
3. Counsel for the petitioners submits that since the respondent has not
provided the necessary information, it is not possible to comply with
the impugned order. As an illustration, counsel for the petitioners
submits that the respondent is not able to provide the last drawn salary
of her husband, who went missing on 28.09.1992 and has not been
traced since.
4. We had requested counsel for the petitioners to file a copy of the form
which is required to be filled by the respondent/widow. On
examination of the form, we find that most of the particulars required
are elementary. The Court cannot lose track of the fact that the husband
of the respondent was working as Chief Goods Clerk at Ajmeri Gate
Goods Office in Northern Railways, Delhi Division from the year 1988.
The only son of the respondent expired, leaving the couple completely
shattered. After disappearance of the husband, the respondent sought
pensionary benefits in the year 2014 before the Railway Pension
Adalat.
5. In our view, the order of the Tribunal requires no interference. The
petitioners are directed to render all assistance to the respondent in
filling the form and to comply with the order of the Tribunal.
6. We find no merit in the writ petition. The writ petition is accordingly
dismissed.
CM.APPL 54567/2019(stay)
7. The application also stands dismissed in view of the order passed in the
writ petition.
G.S. SISTANI, J
ANUP JAIRAM BHAMBHANI, J
JANUARY 09, 2020
pst
