1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR J U D G M E N T UNION OF INDIA AND OTHERS VS SMT. SHANTI DEVI AND OTHERS (DB CIVIL WRIT PETITION NO. 9729/02.) DATE OF JUDGMENT : NOVEMBER 18, 2010. PRESENT HON'BLE THE ACTING CHIEF JUSTICE MR. ARUN MISHRA HON'BLE MR. JUSTICE AJAY RASTOGI Ms. Sonal Singh for the petitioners. None for the respondents. BY THE COURT : The instant writ application has been preferred against the order of the Central Administrative Tribunal dated 16th September, 2002 in Original Application No. 93/2002. The Tribunal has directed the family pension to be paid to Smt. Shanti Devi on the ground that earlier she was in receipt of the pension from 1974 to 1982 and thereafter she had refused to take the family pension and now she wants to take the same. It has been mentioned in the order that the respondents are ready to pay the same. It has been mentioned that there is no dispute in the matter. Consequently arrears of the family pension 2 have been ordered to be paid to Smt. Shanti Devi. The respondents have been further directed to pay monthly pension from time to time. Aggrieved by the aforesaid order of the Tribunal, the instant writ application has been filed by the North Western Railway, Jaipur & others contending that remarriage has been performed by Smt. Shanti Devi. No consent was given before the Tribunal by the counsel appearing on their behalf to make the payment of the pension. The stand of the other respondents – State of Rajasthan, Auditor General and Treasury Officer could not be said to be binding on the petitioner to make the payment of pension. It is submitted in the writ application that the time was sought to file the reply but the same was not given. Two children were born out of the wedlock of the deceased employee and the reasons shown in the application that she stopped receiving pension for the reason that the pension may accumulate so as to use the same to perform the marriage of the daughters is not correct, she has not received the pension for 18 years infact she was living with Gyarsa as her wife. Enquiry was conducted and it was found that she was living as wife of 3 Gyarsa. Gyarsa has also stated that she had accepted Smt. Shanti Devi as his wife and children were also born. She lived with Gyarsa for a period of about 10 years. Now she was living with someone else. It is also submitted that the statement of Gyarsa had been recorded which has been placed on record by the petitioners. Voter List has also been placed on record alongwith the enquiry report. The order-sheets of the Tribunal indicate that notice was served upon the petitioners on 27th of July, 2002. Time was granted by the Tribunal on 27.7.2002 to file the reply on the next date. The reply could not be filed till 16.9.2002 and on that date itself the arguments were heard and the order was passed. The counsel appearing on behalf of the petitioners submitted that no such statement was not made by the counsel appearing on their behalf, which had been attributed by the Tribunal, no agreement was expressed admitting the claim of widow, time ought to have been granted to file the reply. In our opinion at case Tribunal has not correctly recorded statement of their counsel, an application ought to have been preferred before the Tribunal itself pointing out that the facts 4 mentioned in the order of the Tribunal are incorrect. In the circumstances we give liberty to the petitioners to file an application before the Tribunal itself to examine the matter whether the facts mentioned in its order are correct. This court vide order dated 24.3.03 has directed for payment of the current family pension to Smt. Shanti Devi. Thus it appears that Smt. Shanti Devi must be in receipt of the current family pension. Let the question of correctness of facts mentioned in order be examined by the Tribunal and appropriate order be passed on appropriate application to be filed within four weeks. With the aforesaid direction, the writ petition is disposed of. Since we have not set aside the impugned order of the Tribunal, the current family pension be paid to Smt. Shanti Devi till application is decided by the Tribunal. The arrears are subject to outcome of the order to be passed by the Tribunal. (AJAY RASTOGI ) J. ( ARUN MISHRA ) Actg.CJ. mrg.