gr »r / BEFORE THE HON'BLE STATE ADMINTSTRATTVE TRIBUNAL BENCH AT RATPUR W/§j C(7Q 0(0).’j O.A.NO‘ 2002 $MT. SHASHI AHUJA AGED ABOUT 45 YEARS 'WIO LATE SHRI SKK. AHUJA WORKING AS L.D.C. REGIONAL TRANSPORT OFFICE BILASPUR. APPLICANT 2/ VERSUS 1, STATE OF NLP. TRHOUGH TRANSPORT SECRETARY, VALLABH BHAWAN, BHOPAL STATE OF CHHATTISGARH, THROUGH TRANSPORT SECRETARY, D.K. BHAWAN. RAIPUR. , m, 3 TRANSPORT COMMISSIONER r~\.‘ KER {SWALIOF‘ GOVT OF MADHYA PRADESH IQANSPORT COMMISSIONER GOVT OF CHHATTISGARH RAIPUR REGIONAL TRANSPORT OFFICER‘ BILASPUR (CHATTISGA'RH ) mWwmu ;G‘V 1v 4”{ RESPONDENTS ('7 APPLJCATION UIS 19 OF THE ADMINISTRATIVE TRIBUNAL ACT 1985. The applicant named above most humbly submits as under : 1. Particular of the applicant As mentioned in the cause title. 2. Particulars of the respondents [ . L I; . m A fi i wr?‘ kg; m, QMoFe/QS‘ snéer rm; (WE) mwifwm aw%qanést (SB: Hcn’ble Shri Manindra Mohan Shrivastava, J.) 27-01-2010 ' Ms. Sharmila Singhai, cour sel for the petitioner. ‘ Shri Malay Shrivastava, co Jnse! for respdndents No.1 & 3, Shri Ajay Dwivedi, Deputy Eovt‘ Advocate for the State/respondents No.2, 4 & 5r Heard. This petition has been med by the petitioner aggrieved on account of non- reiease of family pension and gratuity payabie under the law, atter the death ot petitioner’s husband in an unfortt nate accident on 03-09-1987 in the course 0t employment, on the post of Transport inspector in the ottice of Regionai Transport omoe, Jabaipur (M.P.).i The grievance as set out in the petition is that though the Joint Director, (Treas‘ ry, Accounts 8} Pension) has fixed her family pension and gratuity after lapse f 9 years after the death ot her husband Vide PPO dated 03-12—1 996 but family pension and gratuity has not been finalized. in ' addition, some other payments ere also not made which led to tiling of this petition. Learned counsel for th petitioner submits that though during the pendency of the petition, other d es have been paid but grievance relating to non-payment of family pension an gratuity rem’ain unredressed. On 07—092009, this Cou has directed respondents No.2, 4 & 5 to arrange/collect all the relevant apers to determine the family pension and gratUity and on petitioners subm ssron that she is ready to appear before the concerned office for settlement of the dues and a statement haVinq been made that respondents No.2, 4 &‘5 shall intimate the petitioner tor appearing before the concernedofficer for settlement o her dues, Joint Director, Treasury, Accounts and Pension, Jabalpur (MP) was directed to send all the relevant documents in r Ema-«mama . \N QKJM’ (442 m §HT$ W20 metwmaiaaa) WWW§WW $Wanéa mmwaanw respect of the petitioner to the Treasury Officer‘ BHaspun forthWIth mr on 26-1 0-2009‘ time was granted to the State 1er order dated 07-09-2009 has been oomphed F1..— Court observed that the earlier orders dated O7- kompiied with and compliance report Shait be determination of the dues, Again counsel to file amdav‘rt as to whet with or not. _ Again on 06-11—2009, thie I 09-2009 & 26-10-2009 shall be fited within a period of four weeks On 02-09-2009, an affidav it has been fiied by the respondent No5 stating that as the family pension was not withdrawn by the petitioner for a period of 6 years, therefore, the Treasury Officer, Bilaspur returned the famiiy pension :oint Director, Treasury, Accounts & Pension, Jabalpur (M.P.) on 23-07-2009 (Annexure N1). been med or} 05-11—2009 by em J. L. Packra, Later on, an affidavit has Regional Transport Officer, Bilasrpur/ Officer-in-charge of the case in purported compliance of the order dated 2E a letter was issued to the petitio concerned officer for settleme petitioner appeared before the reasury Officer, Bilaspur on 30—10-2009 along with other officers of the omce of he Regional Transport Officer, Biiaspur. Another statement on affi avit was m/ade by the respondents No2, 4 & 5 en informéd to this Court that in compliance o’i the Treasuiry Officer, Biiaspur has issued a Accounts & Pension to fixation order to the office of t -1 0-2009 passed by this Court to the efteot that r on 29-10-2009 for her appearance before the of her dues on 27-1 0-2009 whereupon the on 04-01-2010 by which it has Court’s order dated 07-09-200 , memo dated 05-11-2009 to the oint Director, Treasury, tww « ‘5‘Mof m mqi$ Iyf). I: {2 ........................ WQV‘W (WE) mmwma A; / WWW§WW $3T%qanéa send the original pension papers to the office of Treasury, Biiaspur. A copy of the said memo dated 05-11-2009 is p aoed on record as Annexure B/i. ‘ From the perusai of communications, affidavit placed on record, it appears that the respondent authorities are keeping the case of petitioner pending on one count or the other, however, the fact remains that till date the family pension and gratuity of the petitioner has not been finally settled by any of the respondent authorities lt is unfortunate that ir spite of several directions issued by tnrs Court, the respondent authorities have failed to finally settle the claims of the petitioner. in view of the facts anc circumstances of the case, the respondent authorities are directed to finally decide and settle the petitioner‘s ciaim tor tamily pension and gratuity within a period of four months from today. it is made clear that if the grievance of the petitiijner remain unredressed and order passed by this Court are not complied with n letter and spirit within the stipulated period, it would be open for the petitioner t) take recourse to legal remedy available to mm under the law. With the aforesaid direction, the petition stands disposed of. A copy of the order be sent to the respondents No.1 & 2 from the Registry. Certified copy of the order be supplied to both the par ies within three days Q .