U. Sarathchandran, J. - (1.) THE applicant in this case is the widow and family pensioner of the late Mr. Arjandas Gidwani who was working with the respondents. When the respondents failed to pay family pension to the applicant, she approached the Hon'ble High Court of Gujarat by way of SCA 5587/2007 which was ordered by the Hon'ble High Court to be transferred to this Tribunal for adjudication. This Tribunal vide Annexure A -2 order dated 24.4.2009 in TA 64/2009 directed the respondents to pay the family pension alongwith interest @ 9% for arrears. This Tribunal while allowing the said TA, had awarded a cost of Rs. 1,000/ - also in favour of the applicant. In the present OA the applicant has approached this Tribunal with the grievance that in view of the revision of pay -scales on account of sixth pay commission's recommendations, she had requested the respondents to revise her family pension for which no steps have been taken by the respondents except by sending Annexure A -1 reply dated 28.2.2013 informing that her pension calculation sheet for revised family pension has been made by respondent No. 2 and that the same has been forwarded to the Accounts Officer (CA) Vasna for further necessary action. The applicant states that the revised family pension was not granted by the respondents so far. Hence she has approached this Tribunal with the present O.A. 1A. The reliefs sought in this OA are as follows: - "A. That the Hon'ble Tribunal be pleased to allow this petition. B. That the Hon'ble Tribunal further be pleased to quash and set aside the impugned action of the respondents not revising family pension of the applicant w.e.f. 1.1.2006 and not granting arrears and DA on the same. C. That the Hon'ble Tribunal further be pleased to direct the respondents to make payment of revised family pension to the applicant w.e.f. 1.1.2006 with arrears and 12% interest thereon. D. Such other and further relief's as may be deemed just and proper in view of the facts and circumstances of the case may be granted."
(2.) IN the reply, the respondents admit that this Tribunal vide Annexure A -2 order had directed them to pay the family pension and arrears to the applicant and accordingly the respondents had paid Rs. 3,07,140/ - to the applicant. The respondents state that after the applicant obtaining the Annexure A -2 order, the second wife of Mr. Arjandas Gidwani with whom Mr. Arjandas had contracted marriage with while his first marriage with the applicant was in subsisting, had filed a Succession Miscellaneous Application No. 703/09 in the City Civil Court, Ahmedabad and had prayed for a garnishee order. The City Civil Court has issued notice to the respondents herein also. The respondents filed Annexure R -1 reply in the said proceedings before the City Civil Court, Ahmedabad. The Advocate for the respondents in the Civil case had written a letter dated 3.8.2009 to the respondents stating that the City Civil Court had orally instructed that till the disposal of the said application, no further payments shall be made by the respondents herein to either of the parties in that proceedings and hence no family pension has been paid to the applicant since June 2009. According to the respondents family pension was paid to the applicant herein since as per records she has been named to receive the family pension. The respondents pray that in view of the aforesaid facts and circumstances the applicant be directed to approach the City Civil Court and contest the matter. The respondents further state that they will abide by the final outcome of the judgment and order of the Civil Court.
(3.) HEARD Mr. M.S. Trivedi, learned Counsel for the applicant and Mr. P.C. Master, learned Counsel appearing for the respondents. Perused the records of the case.;