Sabitri Devi, Age 65 years vs Director

The applicant has filed this Original Application (OA), seeking the following reliefs:-

“a) the respondent be directed to issue/release the pension to the applicant under PPO No.1924/01-02 dated 06.09.2001, which her late husband

Sh. Dalip Chand used to receive from the respondent along with arrears lieu to the applicant;

c) Any other relief as the Hon‟ble Tribunal deems fit and proper in the interest of justice.â€​

It is the case of the applicant that despite having submitted the documents of her marriage with her deceased husband showing that she is getting

pension of her husband from Indian Army, the respondent has rejected her claim for grant of family pension on the ground that her deceased husband

had declared himself as „VIDURâ€​ and had also submitted the death certificate in respect of his wife.

The respondent, in their counter affidavit, has categorically stated that there is no documentary evidence or any document on record of the

department to prove that the applicant is the legally wedded wife of late Dilip Chand and thus she is not entitled to any relief of pension. The

respondent has further contented that it is also clear from the personal file of the late employee that he had mentioned therein that during the year

2001, his wife Smt. Sabtri Devi expired on 30.06.1985, i.e, even before his joining service at ICAR. However, the respondents has fairly stated that

they will have no objection to consider the claim of the applicant once she is able to obtain the succession certificate from the Civil Court.

In view of the above facts and circumstances, we direct the applicant to obtain the succession certificate in her favour from the Civil Court and

thereafter present her claim for payment of family pension and other benefits which she has claimed in this OA.

It is made clear that in case the applicant is able to obtain a succession certificate from the relevant judicial forum, she may present the same to the

respondents. Thereafter the respondent shall consider her request for family pension and other retiral benefits within 90 days from the date of

submission of such claim along with all requisite legal documents, in accordance with law and pass a speaking order thereon.

With the above directions, the OA stands disposed of. No order as to costs.