BEFORE THE HONOURABLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH

Original Application No. of 2012.

Applicant:-

S. Sarojam,
Kannamkulathil,
Chathamangalam.P.O.
R.E.C (Via)
Kozhikode – 673601.

Vs.

Respondents:-

1. Union of India represented by the

General Manager,
Southern Railway, Head quarter’S office, Chennai.

2. Divisional manager
Southern Railway, Palakkad Division,
Thiruvananthapuram – 678002.

3. The Senior Divisional Personal Officer

Sothern Railway, Palakkad Division,
Palakkad.678002

Original Application filed under Section 19 of the Administrative Tribunals Act,

1985.

DETAILS OF APPLICATION

1. Particulars of the order against which the application is made:-

The Application is made against non sanctioning of eligible family

pension due to the applicant and non consideration of Annexure A-
representation

2. Jurisdiction:-
The Applicant declares that the subject matter of the Application and
the order against which he wants redressal are within the jurisdiction of
this Honourable Tribunal.
3. Limitation:-
 The Applicant further declares that the Application is made within the
limitation period prescribed in Section 21 of the Administrative Tribunals
Act, 1985.

4. FACTS OF THE CASE:-

(1) The Applicant is the daughter of late T.V.Sreeman Pillai and late
Ammukutty pillai. She is a 59 year old unemployed unmarried woman. Her
grievance in the Original Application is regarding the non sanctioning and
non disbursement of her family pension on account of the sad demise of
her father and mother and this is in the circumstances narrated here under.
(2) The applicant’s father was an employee of the Rail way Board. He
entered the service of the Railway on 01-09-1936 and while working as
Loco Pilot he retired from service on 31-07-1976. It is submitted that on his
retirement, pension and other terminal benefits were sanctioned and
disbursed to him. A true copy of the order dated 15-07-77 sanctioning
pension is produced her with and marked as Annexure A-1. In the above
order applicant’s mother Ammukutty pillai was shown as the beneficiary,
in the event of the death of the applicant’ father, to receive the pension.
(3) It is submitted that Applicant’ father died on 28-11-1997 and on the
death of her father, pension was received by her mother Ammukutty pillai
and She died on 16-08-2004.In the mean time pension of the applicant’s
father was revised as per order dated 07-10-1998. A true copy of the above
order is produced here with and marked as Annexure A-2.
(4) It is submitted that due to the death of the mother, the applicant was
put to deep trouble and hardship and there was no one to look after her.
The applicant and her mother were solely depending upon the family
pension received by her mother for their existences and livelihood. On the
death of her mother the applicant was begging for others mercy to meet
the both ends of her life.
(5) It is submitted that as per order No. F(E)III/2007/PN1/6 dated 18-09-
2007 an unmarried daughter of a Railway employee is entitled and eligible
for family pension with effect from 06.09.2007 or from the date on which
her turn for family pension materializes, whichever is later. Hence on April
2008 the Applicant submitted an application before the 3 rd respondent
with relevant documents for sanctioning and disbursing the family pension.
A true copy of the above application is produced here with and marked as-
Annexure A-3 . A true copy of the above order dated 18-09-2007 is
produced here with and marked as Annexure A-4.It is submitted that on
receipt of Annexure A-3 application, 3 rd respondent had sent a letter to the
applicant asking for some more relevant documents for processing the
application submitted by the applicant for family pension. A true copy of
the above letter is produced here with and marked as Annexure A-5. In
compliance with the above direction the applicant submitted all the
documents required in the above letter.
(6) It is submitted that though the applicant had furnished all relevant
documents to the 3rd respondent for sanctioning the family pension as early
as on April 2008 nothing was heard for long time. Even though the
applicant herself had made several enquires with the 3 rd respondent, he
had not furnished any information regarding the sanctioning of the family
pension. Hence the applicant submitted a request before the Information
 Officer, Divisional Office Southern Railway Palakkad, under the Right to
Information Act seeking some details regarding the non sanctioning of
family pension. A true copy of the above request dated 21-10-2011 is
produced here with and marked as Annexure A-6.
(7) It is submitted that on receipt of the request made by the applicant,
rd
3 respondent had furnished the reply to the applicant’s request made in
Annexure A-5.In the reply 3rd respondent stated that the service book of
the applicant’s father is missing from the office and it could not be traced
out despite earnest efforts. It is further stated that on locating the service
book of the applicant’s father, action will be taken to process the
application for family pension. A true copy of the above reply dated 15-12-
2011 is produced here with and marked as Annexure A-7.
(8) It is submitted that despite the lapse of more than 8 months the
rd
3 respondent has not taken any favorable action for processing the
application submitted by the applicant for sanctioning the family pension.
In the mean time the applicant has submitted another representation
before the 3rd respondent requesting for sanctioning the family pension
with effect from 06-09-07.How ever no action is forthcoming on the above
representation as well. A true copy of the above representation is produced
here with and marked as Annexure A-8.
(9) The Applicant is seriously aggrieved by the action of the 3rd
respondent in not sanctioning and disbursing family pension, due to the
applicant, with effect from 06-09-2007.Hence she begs to prefer this
Application under Section 19 of the Administrative Tribunals Act, 1985.

5. Grounds for reliefs and legal provisions:-

(A) The applicant’s claim for family pension with effect from 06-09-07 is
not yet considered by the 3 rd respondent. As per Annexure A-3 order the
applicant is entitled for family pension.The 3rd respondent as per
AnnexureA-6 letter informed the applicant that family pension is not
processed due to the non availability of the applicant’s father’s service
book and as an when the same is recovered the family pension will be
processed. In this context it is submitted that the applicant had submitted
the application for family pension as early as on April 2008.

(B) The reason stated for not sanctioning pension is unsustainable.

Applicant has submitted all the relevant documents for sanctioning the
pension. It is unbecoming on the part of 3 rd respondent to deny the pension
only for the reason that service book is not yet located. Applicant is a 59
year old unemployed unmarried woman and she is under the mercy of her
younger brother for her lively hood. If delay occurs in sanctioning the
pension the same will cause serious hardship and prejudice to the
applicant.

(C) The applicant is eligible and entitled for receiving the family pension
and only because of the non recovery of the service book of the applicant’s
father the applicant is denied the family pension. The action on the part of
the 3rd respondent in denying the family pension for the fault not
committed by the applicant is a gross injustice doing to her and it will
defeat the very purpose of such a welfare legislation.
6. Details of remedies exhausted:-
The Applicant submitted Annexure A-8 representation to the 3 rd
respondent and the same is not yet considered.
7. Matters not previously filed or pending:-
The Applicant further declares that she has not previously filed any
Application, Writ Petition or Suit regarding the matter in respect of which
this Application has been made, before any Court or any other authority or
any other Bench of this Tribunal nor any such Application, Writ Petition or
Suit is pending before any of them.

8. Reliefs sought for:-

i) Declaring that applicant is entitled for receiving family pension
of her late father.
ii) an order directing respondent no 3 to sanction family pension
due to the applicant with effect from 06-09-2007 and disburse
the same with out delay
iii) an order directing the 3rd respondent to disburse the arrears
of family pension.

and

iv) such other order or direction as this Hon’ble Tribunal may

deem fit and proper in the facts and circumstances of the case.

9. Interim order prayed for:-

Pending final decision in the Original Application, the applicant prays
for an order directing the 3rd respondent to consider and pass orders on
Annexure A-8 representation.

10. Not Applicable.

11. Particulars of the postal order in respect of Application fee:-

1. No. of I.P.O.
2. Name of issuing P.O.
3. Date of I.P.O.
4. P.O at which payable.

12. List of Enclosures:-

1. Vakkalath.
2. Postal order.
3. Annexure A-1 to A-10.
4. Envelopes.

Verification
I, S.Sarojam, d/o.Sreeman Pillai, aged 59 years, residing at ‘Kunnathukalathil’,
Chathamangalam.P.O,REC(via) Kozhikode, do hereby verify that the contents of
Paragraphs 1 to 12 are true to the best of my information, knowledge and belief
and that I have not suppressed any material facts.
 Dated this the 21st day of August, 2012.

(Applicant)

Gireesh kumar G
(Counsel for Applicant)

Place: Ernakulam.
Date: 21-08-2012.

To,
The Registrar,
Central Administrative Tribunal,
Ernakulam.

BEFORE THE HONOURABLE CENTRAL ADMINISTRATIVE TRIBNUNAL, ERNAKULAM BENCH.

O.A.No. of 2012.
S.Sarojam. --- Applicant.
Vs.
Union of India & others. --- Respondents.
Index
Sl.No. Contents Pages

Compilation –I
1. Original Application
Compilation -II
2. Annexure A-1 True copy of the Pension Payment order
dated 15-07-1977
3. Annexure A-2 True copy of the order
dated 07-10-1999 issued by the respondent.
4. Annexure A-3 True copy of the application submitted by the applicant before
the 3rd respondent dated April 2008.
5. Annexure A-4 True copy of the order dated 18-09-2007.
 6. Annexure A-5 True copy of the letter issued by the 3 rd respondent dated 11-
4-2008

7. Annexure A-6 True copy of the request submitted before the information
officer dated dated 21-10-2011

8. Annexure A-7 True copy of the reply given by the 3 rd respondent dated 15-
12-2011

9. Annexure A-8 True copy of the representation dated submitted before the
3rd respondent
Dated this the 21st day of August, 2012.
Gireesh Kumar G
(Counsel for Applicant)
OFFICE USE:-

Date of Filing:

Signature of Registrar:

SERVICE – Southern Railway

Fammily Pension

BEFORE THE HONOURABLE CENTRAL ADMINISTRATIVE TRIBNUNAL,

ERNAKULAM BENCH.

O.A.No. of 2012.

S.Sarojam. --- Applicant.

Vs.
Union of India & others.--- Respondents.

Original Application filed under Section 19 of the Administrative Tribunals Act,

1985.
 Gireesh Kumar G

Counsel for Applicant)

BEFORE THE HONOURABLE CENTRAL ADMINISTRATIVE TRIBNUNAL, ERNAKULAM BENCH.

O.A.No. of 2012.
S.Sarojam. --- Applicant.
Vs.
Union of India & others. --- Respondents.
SYNOPSIS

Applicant is the daughter of late Sreeman pillai and late Ammalukutty pillai.
Applicant’s father was a retired employ of the Railway board and he retired from
service while working as locomoto pilot. On her father’s retirement he was in
receipt of pension and on his death her mother was in receipt of family pension.
Her mother was also died in the year 2004.Applicant is a 59 year old unemployed
unmarried woman. She has no income to live and she is under the mercy of her
relatives for her subsistence. As an unemployed unmarried daughter she is
entitled for family pension as per Annexure A-3 order. Hence she submitted
application for family pension before the 3 rd respondent. However the same is
not yet processed due to the non availability of the service book of her father. The
applicant is seriously aggrieved by the no sanctioning of family pension, files this
Original Application.

Dated this the 21st day of August, 2012.

Gireesh Kumar G
(Counsel for Applicant)