Central Administrative Tribunal - ChandigarhSmt. Prito vs Union Territory on 19 August, 2015CENTRAL ADMINISTRATIVE TRIBUNAL,
CHANDIGARH BENCH,
CHANDIGARH.
O.A.No.060/00603/2015				                    Decided on : 19.08.2015

CORAM: HONBLE MRS. RAJWANT SANDHU, ADMINISTRATIVE MEMBER
	      HONBLE DR. BRAHM A. AGRAWAL, JUDICIAL MEMBER

Smt. Prito, aged 49 years, wife of late Sh. Piara, resident of Village Karondewala, PO Mullanpur, Tehsil Kharar, District Mohali.
									    Applicant

Versus
1.	Union Territory, Chandigarh Administration, through its Secretary, Engineering Department, U.T. Civil Secretariat, Sector 9/D, Chandigarh.

2.	Chief Engineer, Union Territory, Chandigarh Administration, U.T. Civil Secretariat, Sector 9, Chandigarh.

3.	Commissioner, Municipal Corporation, Deluxe Building, Sector 17, Chandigarh.

4.	Chief Engineer, Municipal Corporation, Deluxe Building, Sector 17, Chandigarh.

.				 Respondents 

Present: Mr. Barjesh Mittal, counsel for the applicant 
Mr. Sanjiv Dahiya, counsel for respondents no.1 & 2
Mr. Arvind Moudgil, counsel for respondents no.3 & 4.

O R D E RHONBLE MRS. RAJWANT SANDHU, MEMBER (A)1.		This Original Application has been filed underSection 19of the Administrative Tribunals Act, 1985, seeking the following relief:-8(ii)	The respondents be directed to consider the case of the applicant, widow of late Sh. Piara, work charge Mali, for grant of family pension and other consequential benefits, by treating him as deemed regularized, as permissible under the rules in view of and in terms of the judgment dated 03.04.2014 (Annexure A-1) passed by Honble Supreme Court, in terms of judgment passed by this Tribunal in Babli Devis case (Annexure A-2), Urmil Kantas cse (Annexure A-4) and both judgments upheld by Honble High Court and Honble Supreme Court of India (Annexure A-3 & A-5) as well as judgment Annexure A-9 and also as per approval to implement Annexure A-1 vide notings (Annexure A-6) and direct the respondents to grant family pension / retiral benefits w.e.f. 23.12.2009 with all other consequential benefits in terms of arrears of family pension and retiral benefits etc. viz. Ex gratia, DCRG, Leave Encashment, GIS etc with interest @ 18% per annum.(iii)	The respondents be also directed to consider the case of the applicant for grant of appointment on compassionate grounds as per directions already passed by DB of this Tribunal in Babli Devis case (Annexure A-2) as well as in Urmil Kantas case (Annexure A-4) against any available vacancy under 5% quota meant for the purpose, by sending her case to the common committee for consideration and thereby pass a reasoned and speaking order duly communicated to her.  This prayer has also been made by the applicant in terms of judgment Annexure A-2 and A-4 upheld vide Annexure A-3 & A-5 by Honble High Court / Supreme Court.2.		When the matter came up for consideration today, learned counsel for the applicant stated that a similar matter had been disposed of through order dated 24.03.2015 in OA No.060/00245/2015 titled Smt.Prem Lata & Anr. Vs. UT, Chd. Admn. & Ors..  He requested that the present OA be disposed of in the same manner.3.		Learned counsel for the respondents do not object to the disposal of the OA in this manner.4.		Considering the above, we dispose of the present OA with a direction to the competent authority amongst the respondents to consider the representations (Annexure A11) and legal notice (Annexure A-12) and pass a speaking order in the light of the extant rules and regulations and also keeping in mind the earlier decisions aforementioned of this Tribunal.  If the case of the applicant is similar to the cases relied upon, as mentioned hereinabove, the same benefits may also be granted to her.  Let this exercise be carried out within a period of two months from the date of receipt of a certified copy of this order.  Orders so passed be duly communicated to the applicant.5.		Needless to add that we have not expressed any view on the merits of the case.6.		No order as to costs.(RAJWANT SANDHU)
			   ADMINISTRATIVE MEMBER.(DR. BRAHM A. AGRAWAL)   
                                                                                JUDICIAL MEMBER  

Place: Chandigarh
Dated:19.08.2015
    

sv:????????3(OA.No.060/00603/2015) titled 
(SMT. PRITO VS. UT CHD ADMN & ORS.)