Patna High Court
Lakshmi Devi vs The Union Of India Through The ... on 21 October, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9819 of 2021
======================================================
Lakshmi Devi, aged abut 56 years, female, Wife of Late Rajendra Prasad
Resident of Mohalla- Kharkhura, P.S.- Delha, District- Gaya.
... ... Petitioner/s
Versus
1. The Union of India through the Chairman Railway Board, New Delhi.
2. The Zonal Manager, E.C. Railway, Hajipur.
3. The D.R.M., Mugalsarai (Now Din Dayal Upadhyay) E.C. Railway, Din
Dayal Upadhyay.
4. The Divisional Personnel Officer E.C. Railway, Din Dayal Upadhyay
(Mugalsarai).
5. The Assistant Personnel Officer D.R.M. Office, Din Dayal Upadhyay, E.C.
Railway, Mugalsarai (Din Dayal Upadhyay).
6. The District Magistrate, Gaya.
7. The Superintendent of Police, Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Adv.
For the Respondent/s : Dr. K. N. Singh ( ASG )
======================================================
CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
and
HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 21-10-2021
Heard learned counsel for the petitioner and counsel for
the respondents. Learned counsel for the petitioner hereby
undertakes to remove all defects pointed out by the Stamp
Reporter as and when required. It is accordingly directed that all
defects pointed out by the Stamp Reporter be removed within one
month hereof.
2. In the instant writ petition, the petitioner has assailed
the order dated 28.08.2018 passed in O.A. No. 050/00317/17 by
Patna High Court CWJC No.9819 of 2021 dt.21-10-2021
the Central Administrative Tribunal, Patna Bench, Patna (in short
"CAT").
3. The petitioner claims that she is the legally wedded
wife of late Rajendra Prasad, an ex-Assistant Loco Pilot working
under SE (Loco)/EC Railway, Gaya, who was compulsorily retired
from service with effect from 22.03.2010. Thereafter, he died on
25.11.2015. After the death of late Rajendra Prasad, the petitioner,
claiming to be the legally wedded wife of late Rajendra Prasad,
approached the Railway authority for grant of family pension. It
was not considered therefore the petitioner was compelled to
approach CAT. CAT dismissed the O.A. No. 050/00317/17 on
28.08.2018. Hence this petition.
4. Undisputedly, there is no material information in
respect of the petitioner Lakshmi Devi being nominee of late
Rajendra Prasad so as to release family pension. From perusal of
the record, it is evident that there is some dispute relating to
legally wedded wife of late Rajendra Prasad. In such
circumstances, the petitioner Lakshmi Devi is required to obtain a
decree/declaration from the competent court to the effect that she
is the legally wedded wife of late Rajendra Prasad. In absence of
any material information on behalf of the petitioner to the extent
that her name is reflected in the nomination paper or in the service
Patna High Court CWJC No.9819 of 2021 dt.21-10-2021
book as legally wedded wife of late Rajendra Prasad, petitioner is
not entitled to relief sought before the CAT. The status of legally
wedded wife is under dispute, therefore there is no infirmity or
error in the order dated 28.08.2018 passed by the CAT, Patna. That
apart, writ Court would not interfere in matters involving disputed
factual aspects.
5. Accordingly, the writ petition stands dismissed,
reserving liberty to the petitioner to approach appropriate forum
for seeking declaration that she is the legally wedded wife of late
Rajendra Prasad, an ex-Employee of the Railway.
6. Office shall follow-up to ensure that all defects are
removed and compliance with the notices of this Court are made
by the petitioner within the stipulated time provided in para 1
hereinabove, failing which the matter shall be brought to the notice
of this Court.
(Vikash Jain, J)
( P. B. Bajanthri, J)
rishi/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 26.10.2021
Transmission Date
