KANTI TIWARI v. U.O.I. THRU. ITS SECY. MINISTRY OF RAILWAY DEPTT. AND 2 OTHERS
WRIA/2225/2025 · 2025-02-24
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125200 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125200 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:11528 Court No. - 6 Case :- WRIT - A No. - 2225 of 2025 Petitioner :- Kanti Tiwari Respondent :- U.O.I. Thru. Its Secy. Ministry Of Railway Deptt. And 2 Others Counsel for Petitioner :- Ram Bali Tiwari,Vinay Kumar Mishra Counsel for Respondent :- A.S.G.I. Hon'ble Alok Mathur,J.
1. Heard Sri Ram Bali Tiwari, learned counsel for the petitioner as well as Sri S.B. Pandey, learned Senior Advocate/Deputy Solicitor General of India assisted by Sri Varun Pandey, learned counsel appearing for Union of India.
2. By means of present writ petition challenge has been made to
order dated 20 - 30.09.2024, passed by the Divisional Personal Officer, Northern Railway thereby rejecting the application of the petitioner for grant of family pension.
3. It seems that husband of petitioner namely Suresh Narain Tiwari, who died on 10.12.2020, was working in the respondent department. It is submitted that first wife of late husband of petitioner died in 18.07.1991, leaving behind two sons. It is sons of the first wife who are objecting to the claim of the petitioner for grant of family pension.
4. Learned counsel for the respondents, has raised preliminary objection that claim of petitioner can be adequately dealt with before the Central Administrative Tribunal which has sufficient powers to grant relief to the petitioner in the facts of the present case.
5. The learned counsel for the petitioner also admits that petitioner has efficacious alternate remedy and submits that he may be permitted to withdraw the present writ petition with liberty to file claim petitioner before the Central Administrative Tribunal.
6. It is next submitted by learned counsel for the petitioner that since petitioner is old widow and consequently necessary directions may be issued to the Central Administrative Tribunal for deciding claim of petitioner with expedition.
7. In the light of above, present writ petition is dismissed as withdrawn with liberty to the petitioner to file claim petition before the Central Administrative Tribunal within next two weeks. In case such claim petitioner is filed by the petitioner, the Tribunal shall proceed to consider and decide the same with expedition. The petitioner undertakes to cooperate in the proceedings before the Tribunal.
Order Date :- 24.2.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench