SHEKHAR B.SARAF,J. - (1.) Mr. Asim Hati, ld. Advocate Mr. Tarun Kumar Sur, ld. Advocate Ms. Nibedita Barui, ld. Advocate ..for the Petitioner in WPCT 57/2015.
(2.) These writ applications arise out of one final order dated February 10, 2015 passed by the Central Administrative Tribunal, Calcutta Bench, Kolkata in the matter of Jhumur Chandra vs. Metro Railway in O.A. 350/00805/2014. The operative portion of the above order is quoted below: "4. Smt. Moumita Chandra, the alleged 2nd wife of the deceased employee has declared today in Court that Smt. Jhumur Chandra the 1st and legitimate wife is alive. She also submitted that she is receiving the monthly pension from the Railway authority. In addition she has also received all the retiral benefits from the respondent authorities o/e/ General Manager, Metro Railway, 33/1 Jaharlal Neheru Road, Kolkata-71. That is both the learned counsel for applicant and alleged 2nd wife Smt. Moumita Chandra have submitted that the 1st wife, Smt. Jhumur Chandra is still alive. 5. In view of such, the respondent no.1 i.e. General Manager, Metro Railway is directed to initiate necessary action as per law or rules, regarding extending the retirement benefits to the legal wife, the applicant within a period of 15 days of getting a certified copy of this order. 6. OA is accordingly disposed of. No costs. (Jaya Das Gupta) Member (A)"
(3.) It is submitted by Mr. P.S. Bose, learned Senior Advocate appearing on behalf of the Union of India, that an administrative member of a Tribunal created under Article 323A of the Constitution of India has no power to decide the issue involved in the original application sitting singly in view of the settled principles of law decided in the matter of State of M.P. vs. B.R. Thakare and Ors. reported in (2002) 10 SCC 338.;