JUDGEMENT
ANIL KUMAR, J. -
(1.) The petitioners, Union of India and others through Secretary, Ministry of
Commerce and Industry has challenged the order dated 15th April, 2009 passed by
Central Administrative Tribunal, Principal Bench directing the petitioners to
consider the case of the respondent and to release retiral benefits as gratuity
and provident fund for the services rendered by her husband between the years
1955 to February, 1971 and if the same had not been paid earlier then to pay
the same with interest @ 6% p.a.
(2.) Brief facts relevant for comprehending the
disputes are that the husband of the respondent was appointed as LDC in the
year 1955 by direct recruitment and he was given one promotion to the post of
UDC in the year 1960. On some allegation and implication in a false case, he
was removed from service in the year 1971. Respondent contended that her
husband made repeated representation, however to no purpose. The respondent
further asserted that a letter dated 1st March, 1973 regarding reinstatement of
her husband which was received by her husband on 14th December, 1992. However,
her husband died on 1st May, 2007, thereafter, the respondent sought retiral
benefits on account of service rendered by her husband which were declined and
therefore, the respondent filed an original application before the Central
Administrative Tribunal, Principal Bench.
(3.) The petitioners had contested the petition before the Tribunal on the ground
that the husband of the respondent was removed from service on 6th February,
1971 and the claim of the respondent was also barred by time. It was asserted
that the claim of the respondent was considered and rejected.;
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