Gauhati High Court
Page No.# 1/5 vs Union Of India And 4 Ors on 11 October, 2023
Page No.# 1/5
GAHC010221142023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5994/2023
SMTI. BHARATI SAIKIA AND ANR.
W/O LATE AMAL SAIKIA, RAILWAY QUARTER NO. T/22 (A), OFFICE
COLONY, CHILDREN PARK, P.O.-LUMDING, DIST-HOJAI, PIN-782447
2: MOUSAM SAIKIA
S/O LATE AMAL SAIKIA
RAILWAY QUARTER NO. T/22 (A)
OFFICE COLONY
CHILDREN PARK
P.O.-LUMDING
DIST-HOJAI
PIN-78244
VERSUS
UNION OF INDIA AND 4 ORS
REPRESENTED BY GENERAL MANAGER, N.F RAILWAY, MALIGAON,
GUWAHATI-11, ASSAM
2:THE GENERAL MANAGER
N.F. RAILWAY
MALIGAON-781011
3:THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER
N.F. RAILWAY
MALIGAON-781011
4:THE CHIEF CASHIER
N.F RAILWAY
MALIGAON
GUWAHATI-11
ASSAM
5:SMT. MALATI SAIKIA
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W/O LATE AMAL SAIKIA
VILL- UTTAR SANGCHAKI
P.O.-DAKSHIN SANGCHAKI
SINGIMARI
NAGAON
PIN-78242
Advocate for the Petitioner : MR M CHANDA
Advocate for the Respondent : DY.S.G.I.
:: BEFORE ::
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA
O R D E R
11.10.2023
(M.R. Pathak, J)
Heard Mr. S. Nath, learned counsel for the petitioners. Also heard Ms.
M. Barman, learned counsel on behalf of Ms. A. Gayan, learned Central
Government Counsel (CGC) for the respondent nos.1, 2, 3 and 4.
2. The petitioner claims to be the 2 nd wife of Late Amal Saikia served
as Jamadar Peon in the Pay Office of the N.F. Railway at Lumding, who
died-in-harness on 14.07.2020 whereas the petitioner no.2 is the minor son
of petitioner no.1 and deceased Amal Saikia. Respondent no.5 is the 1 st
wife of said Late Amal Saikia.
3. On the death of her husband Amal Saikia, the petitioner no.1
representing herself as well as the petitioner no.2, their minor son, filed an
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Application before the Central Administrative Tribunal, Guwahati Bench,
Guwahati being O.A. No.040/00264/2020 praying amongst others- (i) to
release the pensionary benefits including family pension and gratuity due
and admissible to them under the Railway Services (Pension) Rules, 1993
and (ii) direct the respondent Railway authorities to release the retiral
benefits including Death-Cum-Retirement Gratuity (DCRG), leave
encashment, group insurance, provident fund, etc. due and admissible
to them wherein the present respondent no.5 was also a party
respondent no.5.
4. In the said O.A. No.040/00264/2020, the present respondent no.5 filed
her written statement stating that she is the 1 st wife of deceased Amal
Saikia and is legally married wife. The respondent no.5 in her said written
statement before the Tribunal admitted that the petitioner no.1 is the 2 nd
wife of her deceased husband Amal Saikia and as such she is not
entitled to get any relief(s) as claimed in the said O.A.
No.040/00264/2020.
5. The respondents Railway, in their written statement placed before
the Tribunal that said Late Amal Saikia, Jamadar Peon during his lifetime
while in serving in the year 2009, 2012, 2014 and 2017 made declaration
of the members of his family before the NF Railway wherein name of the
present petitioners were not included and those contain the names of
the respondent no.5 (Smt. Malati Saikia), children born to them, i.e. the
said Railway employee Amal Saikia and his wife Malati Saikia, his aged
mother and two unmarried niece reflect. Considering the same, the
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learned Tribunal by the impugned judgment dated 22.03.2023 passed in
said O.A. No.040/00264/2020 dismissed the said Application of the
petitioners and directed the respondents Railway to grant family pension
and other retiral benefits to the respondent no.5 therein being the first
and legally married wife of the deceased Amal Saikia.
6. It is contended by Mr. Nath, learned counsel for the petitioners that
though the petitioner no.1 being the 2nd wife of deceased Railway
employee, namely- Amal Saikia is not entitled to any such pensionary
benefits but the Tribunal in the impugned judgment dated 22.03.2023
passed in said O.A. No.040/00264/2020 did not consider the claim of the
petitioner no.2, minor son of the petitioner no.1 and that of the deceased
Railway employee Amal Saikia. Mr. Nath has submitted that the
petitioner no.2 being the minor son of the deceased, is entitled to
pensionary benefits of his late father Amal Saikia, i.e. the deceased
employee of NF Railway, who died-in-harness on 14.07.2020.
7. In that regard, Mr. Nath, learned counsel for the petitioners places
reliance upon the judgment of the Hon'ble Supreme Court in the case of
Rameshwari Devi vs. State of Bihar and Others, reported in 2000 (2) SCC
431.
8. Issue Rule, returnable by 8 (eight) weeks.
9. As Ms. Barman, learned counsel on behalf of Ms. A. Gayan, learned
Central Government Counsel (CGC) has accepted notice on behalf of
the respondent nos.1, 2, 3 and 4 respectively, no formal notice need be
issued to those respondents. However, the petitioners shall serve requisite
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extra copies of the writ petition along with the Annexure(s) appended
thereto to Ms. M. Barman, learned counsel on behalf of Ms. A. Gayan,
learned Central Government Counsel (CGC) within two days from today
obtaining necessary acknowledgement in that regard.
10. Now, the petitioners shall take steps for service of notice upon the
respondent no.5 by registered post with A/D and other usual process
within two days from today providing the correct address of the said
respondent along with requisite postal stamps.
11. The share of payment of any such pensionary benefits to the
respondent no.5 vis-à-vis the petitioner no.2, on the death of Amal Saikia,
Jamadar Peon served in the Pay Office of NF Railway, Lumding, who
died-in-harness on 14.07.2020 shall be subject to the outcome of this writ
petition.
JUDGE JUDGE
Comparing Assistant
