Allowed

Anjali Roy and Anr. v. the North East Frontier Railway(N.F. Railway) and 5 Ors.

Gauhati HC2 Apr 2025WP(C)/4558/2023

Case brief

AI extract

What is this about?

Writ petition filed for family pension rejected in tribunal was dismissed as withdrawn by petitioner with liberty to renew prayer after obtaining next of kin certificate.

What did the court decide?

Writ petition dismissed as withdrawn; liberty granted to renew prayer for family pension upon obtaining next of kin certificate within two months.

Anjali Roy and Anr. Vs the North East… — Pension and Retirement Benefits | Gauhati HC (2025)

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GAHC010167192023

2025:GAU-AS:3945-DB

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/4558/2023

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1: ANJALI ROY AND ANR

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WIFE OF LT. RANJIT KUMAR ROY, RESIDENT OF VILLAGE- BERATUK, P.O.- ANIPUR, P.S.- RATABARI, DISTRICT- KARIMGANJ, ASSAM, PIN788734.

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2: KABERI ROY

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DAUGHTER OF LT. RANJIT KUMAR ROY RESIDENT OF VILLAGEBERATUK P.O.- ANIPUR P.S.- RATABARI DISTRICT- KARIMGANJ ASSAM PIN- 788734

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VERSUS

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1: THE NORTH EAST FRONTIER RAILWAY(N.F. RAILWAY) AND 5 ORS REPRESENTED BY THE GENERAL MANAGER (PERSONNEL), N.F. RAILWAY, MALIGAON, GUWAHATI, PIN- 781011.

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2:THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER (PENSION) N.F. RAILWAY HEADQUARTER MALIGAON GUWAHATI- 781011.

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3:THE DIVISIONAL RAILWAY MANAGER (P) N.F. RAILWAY LUMDING DIVISION P.O.- LUMDING DISTRICT- HOJAI ASSAM.

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4:THE DIVISIONAL ACCOUNTS OFFICER (DFM) N.F. RAILWAY LUMDING P.O.- LUMDING DISTRICT- HOJAI ASSAM PIN-

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5:THE SENIOR SECTION ENGINEER (P-WAY) N.F. RAILWAY KARIMGANJ P.O. AND DISTRICT- KARIMGANJ ASSAM PIN-

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6:THE UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF RAILWAYS RAIL BHAWAN NEW DELHI

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For the Petitioner(s) : Mr. K. Uddin, Advocate.

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For the Respondent(s) : Ms. R. Devi, Central Govt. Counsel for all the respondents.

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– B E F O R E –

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HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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03.04.2025

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(Vijay Bishnoi, CJ)

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This writ petition is preferred by the petitioners against the order dated 28.02.2023 passed by the Central Administrative Tribunal, Guwahati Bench, Guwahati (hereinafter to be referred as the “Tribunal”) in Original Application No.229/2021 as well as against the order dated 24.04.2023 passed by the Tribunal in Review Application No.2/2023 in Original Application No.229/2021.

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The petitioners have approached the Tribunal with a prayer to direct the respondent authorities to grant them family pension as per the provisions of Rule 75 of the Railway Services (Pension) Rules, 1993. They have also prayed for setting aside the order dated 17.06.2021, whereby their request of granting family pension has been rejected by the Divisional Railway Manager (P), N.F. Railway, Lumding Division, PO - Lumding, District - Hojai, Assam. The petitioners have also prayed that the respondents be directed to take necessary steps for granting family pension to them as per the filled up form No.10 and other relevant documents submitted by the petitioner No.1 and to complete the process of granting family pension to them within a time bound period.

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The Tribunal has rejected the said prayer of the petitioners holding that the petitioners have failed to prove that the petitioner No.1 is the wife of the deceased employee and as such, the petitioners are entitled for family pension under the provisions of the Railway Services (Pension) Rules, 1993. The review application preferred by the petitioners has also been dismissed by the Tribunal.

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Today, Mr. K. Uddin, learned counsel for the petitioners has submitted that another son of the petitioner No.1 and brother of the petitioner No.2,

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namely, Prabir Roy, has applied before the District Commissioner concerned for issuing of next of kin certificate in favour of the petitioners and other family members and the said application is pending consideration before the concerned District Commissioner. The learned counsel for the petitioner has, therefore, prayed that he may be allowed to withdraw this writ petition with liberty to approach the Railway Authorities to renew their prayer for grant of family pension when the next of kin certificate is issued in favour of the petitioners and other family members.

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Ms. R. Devi, learned Central Government Counsel appearing for all the respondents has no objection if the petitioners be allowed to withdraw this writ petition with liberty, as prayed for.

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In view of the above submission, this writ petition is dismissed as withdrawn. However, liberty is granted to the petitioners to approach the respondent Railway Authorities to renew their prayer for grant of family pension after obtaining the next of kin certificate by the District Commissioner concerned. If any such prayer is made on behalf of the petitioners, the respondent Railway Authorities shall consider the same objectively and take a decision expeditiously within a period of 2(two) months from the date of making such prayer, strictly in accordance with law.

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JUDGE CHIEF JUSTICE

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Comparing Assistant

Anjali Roy and Anr. v. the North East Frontier Railway(N.F. Railway) and 5 Ors.

Case brief

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Anjali Roy and Anr. v. the North East Frontier Railway(N.F. Railway) and 5 Ors.

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