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Presilish Marak v/s The Union of India, Represented by the Secretary, Ministry of Communication, New Delhi, & Others


Company & Directors' Information:- E N COMMUNICATION PRIVATE LIMITED [Active] CIN = U92132DL2005PTC143469

Company & Directors' Information:- T C COMMUNICATION PRIVATE LIMITED [Active] CIN = U74999DL2000PTC105354

Company & Directors' Information:- J J COMMUNICATION PRIVATE LIMITED [Active] CIN = U74300WB1997PTC085828

Company & Directors' Information:- P. K. COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U92141DL1984PTC017748

Company & Directors' Information:- T I COMMUNICATION PRIVATE LIMITED [Active] CIN = U51109HP2009PTC031079

Company & Directors' Information:- S B M COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64201WB2010PTC145582

Company & Directors' Information:- P N COMMUNICATION P. LTD. [Active] CIN = U32204DL2001PTC111327

Company & Directors' Information:- A B AND U COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U74300MH1997PTC107160

Company & Directors' Information:- K AND D COMMUNICATION LIMITED [Active] CIN = U64120GJ1997PLC031879

Company & Directors' Information:- P & G COMMUNICATION PRIVATE LIMITED [Active] CIN = U74140MH2013PTC251505

Company & Directors' Information:- P J COMMUNICATION PRIVATE LIMITED [Active] CIN = U72900DL2000PTC105416

Company & Directors' Information:- M K COMMUNICATION PVT LTD [Strike Off] CIN = U72900HP2006PTC030292

Company & Directors' Information:- H V COMMUNICATION PRIVATE LIMITED [Active] CIN = U52602DL2009PTC193309

Company & Directors' Information:- A AND A COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U92132DL2001PTC110975

Company & Directors' Information:- B. M. COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64100DL2012PTC244419

Company & Directors' Information:- H. K. COMMUNICATION PRIVATE LIMITED [Active] CIN = U64100DL2013PTC255831

Company & Directors' Information:- B R COMMUNICATION PRIVATE LIMITED [Active] CIN = U64203DL2002PTC114477

Company & Directors' Information:- N S N COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64100KA2014PTC073757

Company & Directors' Information:- N A COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U74120DL2008PTC182901

Company & Directors' Information:- G & D COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64200MP2007PTC019633

    Original Application No. 043/00066 of 2020

    Decided On, 26 February 2020

    At, Central Administrative Tribunal Guwahati Bench Guwahati

    By, THE HONOURABLE MRS. MANJULA DAS
    By, JUDICIAL MEMBER & THE HONOURABLE MR. N. NEIHSIAL
    By, ADMINISTRATIVE MEMBER

    For the Applicant: J. Kalita, Advocate. For the Respondents: -------



Judgment Text


Oral Order:

Manjula Das Judicial Member.

1. The applicant has filed this O.A. Under Section 19 of the Administrative Tribunal Act 1985 with the following reliefs.

8.1 To direct the respondent authorities to pay the terminal benefits of the deceased husband of the applicant like Gratuity, Severance, EDGIS etc, along with as per Govt, norms to the applicant immediately.

8.2 Direct the respondent authorities to pay the settlement amount of two Postal Life Insurance (PLI) polices bearing No.(1) AM- 65320-P (sum assured of Rs. 30000/- along with total premium of Rs. 29970/- paid till the death of the policy holder) and (2) AM-47628-P (sum assured of 4.0000/- along with total premium of Rs.39006/- paid till the death of the policy holder) along with interest as per Govt, norms to the applicant immediately”.

2. Mr. J.Kalita, learned counsel for the applicant submitted that the husband of the applicant Late Khirendra Momin who was an employee of Postal Department, died on 12.01.2018 during his service. The applicant being the legally married wife of Late khirendra Momin had submitted required Application Form in the month of April 2018 in the office of the respondent authorities for releasing the terminal benefits like Gratuity, Severance, EDGIS etc. Since, two Postal Life Insurance were therein the name of the deceased husband of the applicant for releasing of the amounts from the said policies. According to the learned counsel, the deceased husband of the applicant got married to one individual namely Prishmina Sangma prior to marriage of the present applicant. But she died on 15.01.2005 leaving behind her two sons who have now attained majority and have been living with the present applicant jointly. Since, the two postal life insurance were issued prior to death of the 1st wife, as such; the name of Prishmina Sangma was recorded as nominee in the said postal life insurance policies. However, since Prishmina Sangma has died, in the applicant being the legal heir of Late Khirendra Momin, had applied for the Succession Certificate before the Hon’ble District judge, Goalpara and accordingly, the Hon’ble District judge other following all due procedure, has issued the Succession Certificate in the name of the applicant and the same was also submitted by the applicant before the respondent authorities. Although 2(two) years has since passed from the death of her husband Late Khirendra Momin and despite there being repeated request, the respondent authorities have not released the terminal benefits as well as insurance policy amount to the applicant for the reasons best known to them.

3. Learned counsel for the applicant further submitted that the applicant being the legally married wife of Late Khirendra Momin who was on employee under the Postal Department is entitled to receive the service benefits like Gratuity, Severance, EDGIS as well as insurance policy amount of the two Postal Life Insurance Policies bearing No(1) AM-65320-p and (2) AM -47628-P issued in the name of the deceased husband as per the terms and conditions of the PLI policy along with interest as per rules.

4. Learned counsel fairly submitted that the applicant has been running from the pillar to the post but none of the respondent authorities have taken into consideration for releasing the service terminal benefits as well as the PLI policy settlement amount.

5. We have heard learned counsel for the applicant, perused the pleadings and the materials placed before us.

6. In the present case, the applicant is basically asking for payment of terminal benefits of her deceased husband, it is observed that the sons of Late Khirendra Momin also agreed they have no objection it any Succession Certificate is issued in the name of the applicant and accordingly after following all due procedures, learned District judge, Goalpara has issued the Succession Certificate on 16.5.2019 in the name of the applicant.

7. Keeping in view of the above, without going into the merits of the case and without issuing notice to the respondents as well as in the ends of justice, we deem fit and proper to issue a direction upon the respondent authorities for settlement of the term

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inal benefits. Accordingly, we hereby direct the respondent authorities to settle the terminal benefits of deceased employee Late Khirendra Momin and pass a reasoned and speaking order as per the forwarding letter dated 27.09.2019 apropos claim papers submitted by the applicant, within a period of three months from the date of receipt of this order. 8. With the above direction, the O.A. stands disposed of at the admission stage itself. No order as to costs.
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