The Union Of India And ORS v. Most. Kerari Devi

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10953 of 2016 ===========================================================

1. The Union of India through the General Manager, E.C. Railway, Hajipur, Bihar.

2. The Divisional Personnel Officer, E.C. Railway, Mugalsarai.

3. The Divisional Railway Manager, E.C. Railway, Mugalsarai.

4. The Assistant Engineer, E.C. Railway, Dehri-on-Sone, Rohtas at Sasaram.

5. The Railway Inspector, E.C. Railway, Dehri-on-Sone, Rohtas at Sasaram. .... .... Petitioners

Versus

Most. Kerari Devi, W/o Late Ram Barat, R/o Village- Adhar Bigha, P.O.- Malwa, P.S.- Obra, District- Aurangabad.

.... .... Respondent =========================================================== Appearance :

For the Petitioners : Mr. Devendra Kr. Sinha, Sr. Advocate Mr. Bijay Kumar Sinha, Advocate For the Respondent : Mr. Raj Kishore Prasad, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 16-02-2017 Since the Tribunal has put the ball in the court of the petitioners itself, they have all the freedom to consider and decide the issue whether the applicant has a right to claim benefit of family pension etc.

The Tribunal had occasion to pass such an order keeping in view that on similar issues they have rendered several judgments passed on the decisions of High Court and the Hon'ble Supreme Court.

The Court fails to understand as to what is so offensive

Patna High Court CWJC No.10953 of 2016 dt.16-02-2017 2/2 about the direction that the writ is required to be filed. Let petitioners consider the direction of the Tribunal and take appropriate decision without further delay now. Writ has no merit. It is dismissed.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) Rajesh/- AFR/NAFR NAFR CAV DATE Uploading Date 17.02.2017 Transmission Date