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Patna High CourtCWJC/9915/2017allowed

The Union Of India And ORS v. Smt. Gita Devi

2017-08-31Mr. Justice Rajeev Ranjan Prasad,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9915 of 2017 ==========================================================

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

2. The General Manager, (Personnel), East Central Railway, Hajipur, District - Vaishali (Bihar).

3. The Divisional Railway Manager, East Central Railway, Sonpur, P.O. - Sonpur, District - Saran (Bihar).

4. The Divisional Personnel Officer, East Central Railway, Sonpur, P.O. - Sonpur, District - Saran (Bihar).

5. The Senior Divisional Operating Manager, East Central Railway, Sonpur, P.O. - Sonpur, District - Saran (Bihar).

6. The Senior Divisional Financial Manager, East Central Railway, Sonpur, P.O. - Sonpur, District - Saran (Bihar). .... .... Petitioners

Versus

Smt. Gita Devi wife of Late Ashok Kumar Poddar working as LCP under Station Manager, East Central Railway, Barauni, District - Begusarai (Bihar).

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

For the Petitioners : Mr. Shekhar Singh, Advocate For the Respondent : Mr. M.P. Dixit, Advocate ========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI And HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 31-08-2017 In view of the detailed order and reason, which has been provided by us in CWJC No. 9221/2017, which formed the basis for dismissal of the writ application of Gita Devi and setting aside the order of the Central Administrative Tribunal, Patna Bench, Patna which gave benefit of family

Patna High Court CWJC No.9915 of 2017 dt.31-08-2017 pension, the Writ Application of the Railway must succeed. The direction by the Tribunal for payment of family pension from the date of death of the employee till she was granted benefit of compassionate appointment is quashed. The writ application is allowed.

(Ajay Kumar Tripathi, J.) (Rajeev Ranjan Prasad, J.) Rajeev/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA