Tuesday, October 4, 2011

OA NO.386/11 on 29-09-2011 --oral

CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH:BANGALORE

ORIGINAL APPLICATION NO.386/11

DATED THIS THE TWENTY NINTH DAY OF SEPTEMBER, 2011

HON'BLE SMT LEENA MEHENDALE, MEMBER (A)

Smt Sharadamma,
W/o Late PChaluvaraj,
Aged about 56 years,
Residing at No.78, 4th
Main Road, Yadavagiri,
Mysore. .... Applicant

(By Shri M.R.Achar, Advocate)

vs

1.Union of India,
Represented by
General Manager,
South Western Railway,
Hubli Zone,
Hubli.

2.The Senior Divisional
Personnel Officer,
South Western Railway,
Mysore Division,
Mysore.

3.The Divisional Mechanical Engineer,
South Western Railway,
Mysore Division,
Mysore. .... Respondents

O R D E R (ORAL)
SMT.LEENA MEHENDALE, MEMBER (A):
The learned counsel for the applicant taken me through several annexures. He submits that the husband of the present applicant Shri Chaluvaraj was first appointed in 1967 as 'Khalasi' with South Western Railways and according to the information available with the counsel he deserted his job in 1991 after which he does not seems to be made any attempt for settling his claims. The learned counsel submits that by way of Annexure - A5 the employees Provident Fund No.313505 was allotted to him, which can only show that he was working with the Railways without any further details. He has taken me through Annexure - A3 dated 14.12.1993 which is a reply of the Southern Railway stating that " Your representation to pension Adalat dt.22.11.93 has been examined in detail. Shri C.Cheluvaraj, your husband is still alive and his services are not terminated. Hence, the question of arranging settlement dues in your favour does not arise. Further, it is advised that if your husband stated to be mentally retarded, you are required to produce a certificate issued by the Dist.Surgeon duly certified by the Railway Medical authority to take further action in the matter" It is there after the present applicant would have taken some settlement amount from the respondents. However, after 1993 the applicant has approached the Railway authorities only in 2010 by way of Annexure - A7 after the death of her husband. Thus during the period from 1993 to 2010 no request seems to be made for raising any pension claim. Since this OA itself is filed after a delay of 18 years, can not be allowed. Thus dismissed.

(LEENA MEHENDALE)
MEMBER (A)
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