Court No. - 16
Case :- WRIT - A No. - 24854 of 2016 Petitioner :- Smt. Gayatri Tripathi And Another Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Satyendra Narayan Singh,Ganesh Kumar Pandey Counsel for Respondent :- A.S.G.I.,Vishnu Kumar
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the parties.
This petition has been filed for direction upon respondents to consider the representation of the petitioners in respect of grievance relating to release of family pension.
According to the petitioners, petitioner No. 1 is 68 years old widow of Late Jag Bahadur Tripathi. Her husband was employed in Central Ordinance Depot, Chhiwki, Allahabad till 1977, whereafter he went out of employment. The husband of the petitioner thereafter died in the year 1983. After expiry of more than 3 decades, petitioners appear to have approached the respondent authorities with a prayer to consider claim for release of family pension. As no final decision was taken as such petitioners have approached this Court.
A counter affidavit has been filed stating that the husband of petitioner No. 1 died in 1983 and while he was alive, no pension was ever sanctioned to him. It is stated that after more than 3 decades, it would be difficult to process the petitioners' claim as it is not clear as to during which period the husband of petitioner No. 1 had worked and whether he had completed qualifying service or not. It is also stated that petitioners have remedy before the Central Administrative Tribunal in view of law laid by Hon'ble Supreme Court in case of L. Chandra Kumar vs. Union of India and others, 1997 (3) SC 589. It is also stated that service record of husband of the petitioner No. 1 has not been traced and as such it is not possible to consider the petitioners' claim.
Having considered the submissions noticed above, this Court finds that the grievance of the petitioners is grossly barred by latches.
Admittedly, the husband of petitioner No. 1 was not sanctioned any pension and the claim for family pension is also raised after nearly three years. The petitioners have also not approached the Central Administrative Tribunal.
In such circumstances, I am not inclined to interfere in the present writ petition for the reasons aforesaid. However, the petitioners shall be at liberty to avail remedy before the Central Administrative Tribunal.
Order Date :- 27.3.2018 LN Tripathi