Raj Kumari, W/o Late Surendra Kumar vs Union Of India, Through Divisional Railway Manager, Norther Central Railway, Allahabad Division, Allahabad And Others

Om Prakash VII, Member (J)

The present O.A has been filed by the applicant under section 19 of Administrative Tribunal Act, 1985 seeking following reliefs:-

“(i) That the Hon’ble Tribunal may graciously be pleased to pass the direction commanding the respondent No.2 (Divisional Railway Manager (Personnel) N.C.R., Allahabad) to consider the representation dated 12.12.2022 as well as other applications (Annexure 1 and 2).

(ii) That the Hon’ble Tribunal may graciously be pleased to pass the direction to provide the family pension in favour of the applicant (Smt. Raj Kumari waiting Room Aaya).

(iii) That the Hon’ble Tribunal may graciously be pleased to issue any order or direction, which this Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the case.

(iv) To award the cost of the petition in favour of the applicant”.

Learned counsel for the applicant states that although specific direction was given vide order dated 15.01.2024 to the Competent Authority amongst the respondents to take appropriate decision on the representation of the applicant but till date no decision has been taken. Referring to the relief clause, it was further argued that since cause of action shown in the OA is recurring cause and prayer No.1 is related to disposal of the representation dated 12.12.2022, thus argued the applicant will be satisfied if the Competent Authority amongst the respondents is directed to consider and decide the representation of the applicant dated 12.12.2022 within specified period of time.

Learned counsel for the respondents opposes the aforesaid prayer.

I have considered the rival contentions of the learned counsel for the parties. Without going into the merits of the case, it will be appropriate that this original application is disposed off at this admission stage itself with a direction to the respondents to decide the representation of the applicant dated 12.12.2022 by way of a reasoned and speaking order within a period of three months from the date of receipt of a certified copy of this order. The order passed on the same shall be communicated to the applicant forthwith.

In view of the above directions, the OA is disposed off. No order as to costs. All associated MAs are disposed of.