Dr. K.R. Chitra & Others vs Union Of India & Others

K V Eapen, J; Member A

This is an Original Application filed seeking the following reliefs:

a. To direct the respondents to disburse the family pension, gratuity, commutation, provident fund, reimbursement of medical expenses, and any other

monetary benefits which the deceased is entitled to the applicants.

b. Grant such other reliefs as may be prayed for and as the Court may deem fit to grant, and c. To grant the costs to the applicants.

Brief facts of the case are as follows:

The applicants submit that they are nominees for the pension nominated by late Dr.M.Anbu who was a Principal Scientist in the National Institute for

Interdisciplinary Science and Technology - Council of Scientific and Industrial Research. Dr.M.Anbu had availed voluntarily retirement from service

in February 2016 and expired on 1.7.2017. When the applicant claimed family pension, the mother of the deceased claimed all the monetary benefits

including family pension on the strength of the legal heir-ship certificate, which has later cancelled. Since the applicants obtained no assurance from

the respondents on keeping the monetary benefits in abeyance, till the dispute is settled, the applicants submit that they filed O.A No.180/741/2018

which was disposed by directing the 2nd respondent to consider and take a decision on the representations filed by the Applicants vide Annexure A-3

and A-4. Subsequently a new legal heir certificate was issued in which the name of the second applicant has been included. They further submit that

even after lapse of 4 months after submitting of the application along with newly issued legal heir certificate, the respondent no.2 has not initiated any

action. Since there was no communication on the action, the applicants submit that they are constrained to approach this Tribunal seeking the above

reliefs.

When the case came up on the previous date, i.e, on 4.3.2021, it was submitted that the counsel will be satisfied if the representation of the

applicant at Annexure A-7 is considered by the respondents in the light of legal heir-ship certificate and other circumstances of the case. However,

since this was a very brief representation and it did not contain any details for proper consideration and disposal, applicant was directed to file a

composite representation stating all his grievances and produce a copy before this Tribunal by the next posting date.

Learned counsel for the applicant Adv.Mr.Dileep D.Bhat has filed a Miscellaneous Application No.180/271/21 to accept additional document at

Annexure A-12, which is a true copy of the representation submitted on 7.3.2021 by the 2nd applicant to the 1st and 2nd respondents.

When the case was taken up today, learned counsel for the applicant submits that the applicants will be satisfied if a direction is given to the

respondents to consider Annexure A-12 representation. They also accept that the Original Application can be disposed of with the consideration of the

representation.

Counsel for the respondents Adv.Mr.A.D.Raveendra Prasad submits that the respondents have no objection in considering the Annexure A-12

representation and disposing of the O.A accordingly.

Accordingly, it is directed that the respondents shall consider Annexure A- 12 representation in the light of relevant rules and regulations on the

subject and pass a reasoned and speaking order on the contentions in the representation within a period of two months from today.

The Original Application is disposed of accordingly. No costs.