CAT - Delhi

Applicant may file comprehensive representation seeking extraordinary family pension.

Smt. Sushila Devi vs. Union of India and Ors. [O.A. No. 605/2026]

CAT - Delhi3 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant, Smt. Sushila Devi, is the widow of the deceased employee, Late Mr. Dharamvir Singh, who was a Sub-Inspector in the CBI.

Source reference: p.2

She invoked the jurisdiction of the Tribunal under Section 19 of the Administrative Tribunals Act, 1985.

Source reference: p.2

The applicant sought various reliefs from the respondents, including the grant of Extraordinary Family Pension, ex-gratia lump sum compensation, and other special benefits admissible in cases of death in service.

Source reference: p.2-3

The applicant's counsel submitted that previous representations dated 26.11.2025 did not inadvertently mention the demand relating to ex-gratia payment, and requested liberty to file a comprehensive representation.

Source reference: p.3
02

Issues

1. Whether the reply dated 19.12.2025 issued by the Respondents should be quashed and set aside.

Source reference: p.2

2. Whether the Respondents should be directed to grant and release Extraordinary Family Pension to the Applicant.

Source reference: p.2

3. Whether the Respondents should be directed to grant and release ex-gratia lump sum compensation and other special benefits admissible in cases of death in service.

Source reference: p.2-3

4. Whether the Applicant should be granted liberty to file a comprehensive representation regarding her claims.

Source reference: p.3

5. Whether the respondents should be directed to decide the applicant's comprehensive representation in accordance with law.

Source reference: p.4
03

Law Applied

The court applied Section 19 of the Administrative Tribunals Act, 1985, which grants the Tribunal jurisdiction to entertain applications from aggrieved persons concerning service matters.

Source reference: p.2

The case also involves the application of rules and Office Memoranda related to Extraordinary Family Pension under Category 'B' deaths attributable to Government service, and ex-gratia lump sum compensation as per Department of Pension & Pensioners' Welfare OM No. 45/55/97-P&PW(C) dated 11.09.1998, and other allied instructions for death in harness/death attributable to Government service.

Source reference: p.2-3
04

Reasoning

The Tribunal heard the parties and, with the consent of both counsels, acknowledged the applicant's request to file a more comprehensive representation.

Source reference: p.3

The counsel for the respondents fairly conceded that any pending representation or a newly filed comprehensive representation would be decided expeditiously and in accordance with the law.

Source reference: p.4

The Tribunal, without expressing any opinion on the merits of the case, decided to grant the applicant liberty to file a comprehensive representation.

Source reference: p.4-5

This approach aligns with the principle of ensuring due process and allowing parties to present their full case before a decision is made, thereby utilizing the procedural framework under which such grievances are addressed.

Source reference: p.4-5

The decision to dispose of the OA at the admission stage and direct the competent authority to issue a reasoned and speaking order on the representation upholds the judicial efficiency and administrative propriety.

Source reference: p.4, 6
05

Holding

The present O.A. was disposed of at the admission stage.

The Tribunal granted liberty to the applicant to file a comprehensive representation within two weeks from the date of receipt of the certified copy of the order.

Source reference: p.4

The competent authority among the respondents was directed to consider each contention of the applicant in the comprehensive representation and pass a reasoned and speaking order within six weeks from the date of its receipt.

Source reference: p.4-5

If the decision does not favor the applicant, she retains the liberty to approach an appropriate forum in accordance with the law.

Source reference: p.5

The pending M.A.(s) also stood disposed of.

Source reference: p.5

There was no order as to costs.

Source reference: p.5
CAT - Delhi

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Smt. Sushila Devivs.Union of India and Ors. [O.A. No. 605/2026]

CAT - Delhi

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