Ram Dulari Devi v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9141 of 2024 ====================================================== Ram Dulari Devi W/o Laxmi Paswan, Resident of Driver Tola, Near Quarter No. 155/A, Post- Katihar, District- Katihar.

... ... Petitioner/s

Versus

1.

The Union of India through the Chairman Railway Board, Rail Bhawan, New Delhi.

2.

The General Manager, North Frontier Railway, Maligaon. 3.

The Divisional Railway Manager, N.F. Railway, Katihar. 4.

The Senior Divisional Personnel Officer, N.F.Railway, Katihar. 5.

The Senior Divisional Commercial Manager, N.F. Railway, Katihar. 6.

The Sectional Engineer (Power), Tindharia, N.F. Railway. Darjeeling. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Mandal, Advocate For the Respondent/s :

Additional Solicitor General ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 08-01-2025 The petitioner has assailed the order of the Central Administrative Tribunal, Patna Bench, Patna (hereinafter referred to as 'CAT') dated 18.07.2017 passed in OA No. 050/00303/2017. Her claim is that she is legally wedded wife of deceased Laxmi Paswan. Deceased Laxmi Paswan is stated to be a Railway employee. In this regard, there are no documents except one document of the year 1968. In the absence of such

Patna High Court CWJC No.9141 of 2024(6) dt.08-01-2025 2/3 documents or material information and the fact that her claim was rejected in the year 2011. Thereafter, she had approached CAT in the year 2017. The CAT proceeded to pass impugned order on the score that there are no material information to the extent that deceased Laxmi Paswan was working in the Railways. So also that deceased Laxmi Paswan was suffering from paralytic attack and other statements made on behalf of the petitioner are not supported by material information like dates and events.

2. Be that as it may, whether petitioner is the legally wedded wife of deceased Laxmi Paswan or not, to that extent we had requested learned counsel for the petitioner to furnish death certificate of the deceased Laxmi Paswan and it has been placed on record by means of supplementary affidavit vide Annexure P/3. Perusal of the death certificate dated 25.03.2019, name of the petitioner at the right hand column like husband/wife Aadhaar No. and other details are not forthcoming, therefore, one has to draw inference that whether petitioner is a legally wedded wife of deceased Laxmi Paswan or not? Moreover, no material has been produced on record to show that deceased Laxmi Paswan has nominated petitioner as his nominee for the purpose of claiming any benefit from the

Patna High Court CWJC No.9141 of 2024(6) dt.08-01-2025 3/3 Railway Department or organization. In view of these facts and circumstances, petitioner has not made out a case. Accordingly, present CWJC No. 9141 of 2024 stands dismissed. (P. B. Bajanthri, J) (Ashok Kumar Pandey, J) GAURAV S./- U