JUDGEMENT
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(1.) Two original applications No.258/2012 and 211/2013 have been decided by the Central Administrative Tribunal vide impugned order dated 2nd February, 2016 which reads as under:-
"I have heard the matter in great detail. It appears that there is another case i.e. bearing OA No. 108/2012 which was decided on 16.10.2014.
2. As part of agreement between the applicants in OA No. 258/2012 and OA No.211/2013 entered into open Court, the following orders are issued. It is made clear that all other orders issued earlier will have submerged into this agreement between the parties. It has been noted that deceased employee, Shri Poonam Chand Hans was working in the respondent department and in the first wife there are two unmarried daughters and a son, who is less than 25 years, and therefore eligible for certain benefits. They challenge Smt. Pooja's marriage and would say that she may not be considered as a widow but all that we now settled today with the following directions:-
(i) Miss Vandana Hans and others with her will collectively get 90% of the DCRG and included with in it the bank loan which was disbursed with these amounts. They will also get 100% of the family pension in accordance with rules.
(ii) Smt. Pooja Hans on the other hand will be entitled to get compassionate appointment and Vandana Hans and others will not raise any objection to it.
(iii) The matter relating to the quarters now which in occupation of Smt. Pooja Hans may be settled by respondents with some relaxation of the rules, so that she will not unduly suffer.
(iv) Ten per cent of the DCRG will immediately be given to Pooja Hans in order to begin a new life.
(v) This order may be implemented within the two months next. But, it must be as expeditiously as possible as there is diminishment of life and livelihood as each day progress.
(vi) It is made clear that the earlier orders passed in OA No. 108/2013 decided on 16.10.2014 have by agreement between both the parties, merged in this order, as a part of practical solution.
The OA is thus allowed as stated above. Accordingly the Mas are disposed of. No order as to costs."
(2.) Disputes arose on account of the death of Punam Chand Hans on 29.9.2012. As per the record of the B.S.N.L. he had disclosed that from his pre-deceased wife named 'Indira' his son named Varun and daughters named Vandana and Vinita were born to him. That he had re-married with one Pooja.
(3.) For purpose of gratuity he has nominated Pooja as 50% beneficiary and Varun as 50% beneficiary.;
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