Sona Devi v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13551 of 2016 =========================================================== Sona Devi wife of Late Sitaram Singh resident of Village- Khusrupur, Chattipar, Ward No-1, P.O.+P.S- Khusrupur, District- Patna- 803202. .... .... Petitioner/s

Versus

1. The Union of India, through General Manager, East Central Railway, Hajipur (Vaishali).

2. The Divisional Railway Manager, East Railway, Danapur, Patna.

3. The Senior Divisional Officer (Personnel), East Central Railway, Danapur, Patna.

4. The Senior Section Engineer, East Central Railway, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Tiwary, Advocate For the Respondent/s : Mr. Anjani Kumar Sharan, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 17-03-2017 O.A. No. 313 of 2016 filed by the petitioner before the Central Administrative Tribunal, Patna Bench, Patna was dismissed on 16.05.2016. The reason for dismissal of the O.A. application is that the same was hopelessly barred by limitation. From the narration of facts in the impugned order, it seems that the so called husband of the petitioner, Late Sitaram Singh was an employee of the Railways. He retired on 01.07.1985 and died on 24.01.2014 and thereafter the O.A. application has been filed in the year 2016 seeking a direction that her name should be included in the

Patna High Court CWJC No.13551 of 2016 dt.17-03-2017 2/2 service book and she should be given retiral dues. 32 years has gone past since the husband of the petitioner superannuated. These days all authorization of pension is made simultaneously in favour of the beneficiary, including the family pension. It does not take 32 years to discover that the husband has never made declaration with regard to her in the pension paper as a nominee. The nominee was limited to the son. What is the story behind such nomination, is not to be investigated by this Court or by the Tribunal. The long delay by itself, therefore, is a good ground to dismiss such frivolous O.A. and no interference is required to be made in the writ under the power of judicial review. Writ is dismissed.

(Ajay Kumar Tripathi, J.) (Nilu Agrawal, J.) Arjun/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18 .03.2017 Transmission Date NA