V. Ajay Kumar, J
1. Late Shri Sunder Singh, an Ex-Chowkidar under the respondents, filed the OA seeking the following reliefs:-
“A-To direct the Respondents to revise and pay Retiral Benefits of the petitioner in the Pay Grade of Rs.2400/- only instead of Rs.1800/- and pay
the arrears thereof with interest @ 24% p.a.
B- To pay upaid claims of the petitioner as are shown in para (n) of para 4 above of the petition.
C- To direct the Respondents to grant ‘Family Pension’ to the Petitioner Widow after the death of Sri Sunder Singh Ex-Chowkidar and pay the
entire arrears of benefits to the impleaded L.R. of the petitioner.
D- Further, pass any such other or further orders which in the circumstances of the case the Hon’ble Tribunal deem just and proper in favour of
the petitioner as against the Respondentsâ€.
2. Heard Mr. Shesh Datt Sharma, the learned counsel for the applicant and Mr. Rajinder Nischal, the learned counsel for the respondents and perused
the pleadings on record.
3. Since, after the OA is filed, Shri Sundar Singh died, his wife brought on record in his place, being his legal heir.
4. In respect of first relief, seeking granting of Grade Pay of Rs.2400/-, the respondents rejected the said request by stating that the deceased
employee was a Class-IV/Group ‘D’ employee with a pay scale of Rs.2750-70-3800-75-4400 which was revised to Rs.5200-20200 with Grade
Pay of Rs.1800 and whereas Shri Gopal Bir Thapa, who was an Ex-Cook as a Class-III employee, with whom the applicant was comparing himself,
and was in the pay scale of Rs.4000-100-6000 with revised pay structure of Rs.5200-20200 with Grade Pay of Rs.2400/- and hence, the Grade Pay of
both of them cannot be comparable and that the applicant is not entitled for the Grade Pay of Rs.2400/-. The applicant either in his written arguments
filed at the time of hearing or anywhere in his pleadings failed to deny the said contention, with any valid reasons. Hence, he is not entitled for the said
relief.
5. In respect of the second relief, i.e., granting of family pension to the wife of the deceased, i.e., who has been brought on record in the OA as the
legal heir of the applicant, since the respondents have categorically stated in their counter that the family pension was sanctioned and, in fact,
enhanced from Rs.3081/- to Rs.4930/- and since the pension was commuted and the residual pension, as on the date of filing of the counter was
Rs.3698/- per month, the respondents shall consider the said claim of the applicant and shall pay the said family pension, if the applicant is found
eligible, as per rules, with arrears, if any, within 90 days from the date of receipt of a copy of this order, if not already being paid to the applicant.
6. With the above directions, the OA is disposed of. No costs.
