SPA/208/2022
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      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

         THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                AND
          THE HON'BLE SRI JUSTICE RAMESH CHANDRA KHULBE


                 SPECIAL APPEAL NO. 208 OF 2022

                             12th JULY, 2022

Between:

Vaibhav Tomar & another                     ......          Appellants


and

Union of India & others                     ......         Respondents


Counsel for the appellants       :   Mr. Sanjay Raturi, learned counsel


Counsel for the respondents      :   Ms. Monika Pant, learned Standing
                                     Counsel for the Union of India /
                                     respondent Nos. 1 and 2




The Court made the following:

JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)



              Delay Condonation Application has been filed

by the appellants for condoning the delay of 21 days in

preferring the present Special Appeal.             Said application

is accompanied by the affidavit filed by appellant No. 2

Smt. Sadhana Devi. The cause shown for delay is found

sufficient.    Therefore, we are inclined to condone the

delay.     The delay is condoned.              Delay Condonation
                            2




Application (I.A. No.    02 of 2022)     is, accordingly,

allowed.


2)         The present appeal is directed against the

order dated 22.04.2022, whereby the writ petition

preferred by the appellants has been dismissed by the

learned Single Judge.


3)         The appellants had preferred the said writ

petition to seek a direction to the respondents for

release of the family pension, and other dues, on the

ground that the appellants are the son and widow of the

deceased late Sri Samsher Singh.


4)         It is not in dispute that Sri Samsher Singh had

a first wife namely, Smt. Krishna Devi, to whom he got

married in the year 1981.      Marriage of Samsher Singh

with petitioner No. 2 was solemnized on 12.06.1987,

during subsistence of the first marriage.         In this

background, the learned Single Judge held that no

direction could be issued for release of the entire family

pension, and other dues, to the petitioners since there

are children begotten by Sri Samsher Singh through his

first wife Smt. Krishna Devi, as well.    The appellants

were left to obtain the succession certificate from the

competent court.
                             3




5)         Learned counsel for respondent Nos. 1 and 2,

who appears on advance notice, submits that the appeal

itself is not maintainable since the Central Administrative

Tribunal has jurisdiction in the matter.       This is not

disputed by learned counsel for the appellants.          He

submits that the writ petition came to be dismissed even

before a counter could be filed.


6)         In the light of the aforesaid, we dispose of this

Special Appeal while granting liberty to the appellants to

move the Central Administrative Tribunal to ventilate

their grievances.     The Central Administrative Tribunal

shall examine the matter afresh, on its own merits,

without being influenced by the impugned order.        We,

however, make it clear that we have not examined the

merits of the appellants' claim one way or another.


           Stay Application (IA No. 01 of 2022) also

stands disposed of.



                                       ________________
                                      VIPIN SANGHI, C.J.



                                            __________
                                            R.C. Khulbe, J.

Dt: 12th JULY, 2022 Negi