Suneeta Devi vs Chairman And Managing Director, Bharat Sanchar Nigam Limited, New Delhi & Others

Pratima K Gupta, Member (J)

I have joined this Single Bench online through Video Conferencing.

Shri Ram Prasad, learned counsel for the applicant and Shri D.S. Shukla, learned counsel for the respondents, are present.

By way of the present original application the applicant seeks for the following reliefs:-

“i) Issue directions commanding respondents to immediately pay the dues accrued due to death of the husband of the applicant with 18 % interest thereon.

ii) Pass any other and further order as this Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the case.

iii) Award Costs.”

The brief facts leading to this original application are that the husband of the applicant Late Sunil Kumar died on 09.01.2021 and since then the applicant has not received any retrial dues/ family pension, which is almost 15 months now. The applicant has moved a representation dated 09.02.2021 for redressal of his grievances which is still pending before the respondents.

Learned counsel for the respondents vehemently opposed this original application and submits that the applicant has not approached this tribunal with clean hands as the original application does not disclose that there was a matrimonial dispute between Late Sunil Kumar and the present applicant. He further submits that a petition under 125 Cr.P.C. is pending before the competent court. Accordingly, the respondents are unable to ascertain the status of the dispute and hence the retrial dues/pension could not be released at this stage.

Learned counsel for the applicant submits that he would be satisfied if a direction is given to the respondents to decide the representation of the applicant by passing a reasoned and speaking order within a time bound manner.

Heard learned counsel for the parties on admission and perused the record.

Without going into the merits of the case and in view of the limited prayer made by the applicant, the applicant is directed to give a fresh self contained representation addressing all his grievance within a period of two weeks and the respondents/competent authority is directed to consider the same and decide by passing a reasoned and speaking order within a period of eight weeks thereafter. The applicant shall also address the concerns raised by the respondents in the representation so made. The order so passed shall be communicated to the applicant without any delay.

With this direction, the OA is disposed of at the admission stage itself. No order as to costs.