Tripta Gupta v. Union Of India & ORS

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3496/2018 & CM Nos.13809-10/2018 TRIPTA GUPTA ..... Petitioner Through:

Md Jangra Advocate versus UNION OF INDIA & ORS ..... Respondents Through:

Mr.Prasanta Varma, Central Govt.Counsel with Mr.Santosh Kumar Pande & Ms.Shalu Goswami, Advocates

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 10.04.2018 1.

The present petition has been filed by the petitioner assailing an order dated 20.03.2018, passed by the Tribunal, rejecting O.A. No.562/2018, filed by her praying inter alia for interim relief of release of terminal dues of late Sh.Ashok Kumar Gupta including gratuity, leave encashment and GPF etc. on the plea that she is his widow and sole legal heir. 2.

In the impugned order, the Tribunal has noted the fact that the petitioner has failed to implead the two children of late Sh.Ashok Kumar Gupta, namely, Ms.Anjali Gupta & Mr.Nikhil Gupta, born from his first marriage with Smt.Kamlesh Gupta, who had expired on 31.05.1998, and further observed that the petitioner's prayer for interim relief cannot be granted till the main petition is decided as the prayers made in both are identical.

W.P.(C) 3496/2018

3.

We may note that by the same order, O.A. has been adjourned by the Tribunal to 07.05.2018, for final hearing.

4.

Given the pleas taken by the petitioner, we are inclined to concur with the view expressed by the Tribunal in the order dated 20.03.2018 that till she is able to establish her entitlement for grant of family pension and other benefits including gratuity, leave encashment, GPF etc. before the Tribunal, no interim relief of the nature prayed for can be granted. 5.

The prayer made in the petition is declined and the same is dismissed, along with the pending applications.

HIMA KOHLI, J.

PRATIBHA RANI, J.

APRIL 10, 2018 „hkaur‟ W.P.(C) 3496/2018