Aarti vs Municipal Corporation Of Delhi & Ors

Ajay Pratap Singh, Member (J)

Applicant, the wife of deceased employee Mr. Rajesh has filed present Original Application invoking jurisdiction of this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief(s):-

“(a). direct the respondents no. 1 and 2 to release gratuity, leave encashment, GPF alongwith all statutory benefits of the deceased Rajesh to the applicant and also grant pensionary benefits including monthly pension, arrears of pension with annual D.A., from the death of deceased Rajesh i.e. 26.06.2025 till date to the applicant.

(b). direct the respondents no. 1 and 2 to pay the above arrears of pension with interest @18% per annum from the date of death of deceased Rajesh i.e. 26.06.2025 till the actual payment is made.”

Learned counsel for the applicant contended that the deceased employee, the husband of the applicant was employed with Municipal Corporation of Delhi as a regular Safai Karamchari/Sweeper and he has left for heavenly abode on 26.06.2025 and the respondents have not released gratuity, leave encashment, GPF and all other statutory benefits admissible to the deceased employee, the husband of the applicant.

Learned counsel for the applicant, after arguing for some time, submits that applicant has filed representation dated 19.01.2026 (Annexure A-2) before the Commissioner of Municipal Corporation of Delhi and no response has been received till date. Learned counsel for the applicant further submits that the applicant would be satisfied if direction is issued to the respondents to consider and decide his pending representation, in accordance with law and if applicant is found to be entitled to all the benefits as per rules, the respondents be directed to disburse the same to the applicant.

Learned counsel for the applicant further submits that the an advance copy of the present OA has already been supplied to the respondents and has filed the proof at page-24 of the paper book but no one appears on behalf of the respondents to contest the matter.

Heard with consent. Having considered the submission of the learned counsel appearing for the applicant and without expressing any opinion on the merits of the case. This Tribunal deems it just and proper that principles of natural justice would be met and hereby direct the Competent Authority among the respondents to consider and decide the pending representation 19.01.2026 (Annexure A-2) of the applicant and take a decision by passing a reasoned and speaking order, as expeditiously as possible, preferably within a period of four weeks from the date of receipt of certified copy of the order passed today, and communicate the same to the applicant at the earliest.

Needless to say that the Tribunal has not expressed any opinion on the merits of the case and the Competent Authority among respondents is directed to decide the applicant’s pending representation dated 19.01.2026, in accordance with law without being influenced by observation made hereinabove.

If the decision in the pending representation is in favour of applicant in accordance with law, the benefits to the applicant may be disbursed forthwith. If the decision does not come in favour of the applicant, the applicant shall be at liberty to approach in accordance with law.

In view whereof, present Original Application stands disposed of at admission stage in the above indicated terms. However, there shall be no order as to costs.