ORDER : Shree Chandrashekhar, J. On 6th February 2023, the following order has been passed by this Court : “The petitioner who is widow of late Ramchandra has challenged the order dated 14th May 2015 passed in OA/051/00101/2015 by which the Central Administrative Tribunal, Circuit Bench, Ranchi has made the following observations: “...............However, the Sr. Divisional Engineer, E.C. Railway, Dhanbad has passed order on 27.08.2014 for payment of Provident Fund, GIS and also has passed an order for issue of provisional pension/family pension. So, admissible dues of the applicant has already been sanctioned and rest will depend on the order of the competent authority regarding regularization of unauthorized period of absence which exceeds more than five years. In such backdrop, the very filing of the present O.A. is not legally tenable as there is nothing wrong in the impugned order dated 27.08.2014, which was passed by Sr. Divisional Engineer, E.C. Railway, Dhanbad. Hence, the O.A. is dismissed at pre admission stage as there is no ground to issue notice to the respondents for dragging an unwarranted claim.” 2. On a mere glance at the aforesaid observation by the Tribunal, we think that the Tribunal was not correct in observing that the Original Application was not maintainable. 3. In the supplementary counter-affidavit dated 2nd January 2023, a copy of the office order dated 15th December 2022 has been brought on record. 4. The order dated 15th December 2022 is with regard to sanction of the period of absence of husband of the petitioner from 7th August 1996 to 31st January 2003 which period has been treated as 'dies-non'. 5. While so, the petitioner is entitled for death-cum-retiral benefits accruing on account of death of her husband. 6. Therefore, two weeks' time is granted to the respondent no.2 to issue necessary direction in this regard and file an affidavit of compliance before the next date of hearing. 7. Post this matter on 23rd February 2023. 8. Let a copy of this order be handed over to the learned counsel for the parties.” 2. The writ petitioner is the widow of late Ramchandra who was employed as Keyman under S.E. Railway/OERM. She approached the Central Administrative Tribunal, Circuit Bench, Ranchi in OA/051/00101/ 2015 for payment of death-cum-retiral benefits with interest @ 18% per annum due from 7th August 1996 to 31st January 2003. 3. The writ petitioner is the widow of late Ramchandra who was employed as Keyman under S.E. Railway/OERM. She approached the Central Administrative Tribunal, Circuit Bench, Ranchi in OA/051/00101/ 2015 for payment of death-cum-retiral benefits with interest @ 18% per annum due from 7th August 1996 to 31st January 2003. 3. As we have noticed in the order dated 6th February 2023 that Provident Fund, GIS and Provisional Pension/Family Pension were sanctioned by the Sr. Divisional Engineer, E.C. Railway, Dhanbad by an order dated 27th August 2014. 4. The necessary sanction for the period of absence of the husband of the petitioner from 7th August 1996 to 31st January 2003 was passed on 15th December 2022 by which continuity in his service has been restored. 5. Office order dated 15th December 2022 reads as under : Office Order The competent authority has sanctioned absent period from 07.08.1996 to 31.01.2003 as "dies-non" in f/o Late Ram Chander, S/o Raj Narain, Ex Keyman under SSE/(P.Way)/OBRA in terms of Railway Board L.No. E(G)2007 LE 2-4 dt. 03.06.2011. No payment for "dies-non" period will be made, however continuity of service will be extended for settlement dues if any. This is for your kind information and necessary action please. Sd/- Assistant Divisional Engineer East Central Railway, Chopan 6. In the aforesaid background, a supplementary counter-affidavit dated 23rd February 2023 has been filed stating as under : “7. That it is stated that the applicant Sonmati Devi's husband Late Ramchandra, son of Raj Narain after completion of 6 months continuous service as casual T.B.S. man was given the benefit of authorized scale of pay and temporarily appointed to officiate as T.B.S. man on Rs.70/-per month in scale of Rs.70/-85-(A.S) against the existing vacancy of T.B.S. man under PW1/RNQ purely as a Stop Gap measure. Ramchandra was appointed with effect from 30.03.1966 vide Memo No. E/4/AEN-CPU dated 24.03.1966. 8. That it is stated and submitted that as per letter submitted.' By SE/PW/OBRA the applicant's husband Late Ramchandra, Ex-Keyman was working under SE/RW/OBRA in Gang No. 3. Late Ramchandra was irregular in attendance sheet for which he was suspended from 07.08.1996 to 19.08.1996 vide suspension notice no. E/10/PW1/OBRA dated 10.08.1996. The suspension was revoked on 20.08.1996 vide letter No. E/10/PW1/OBRA dated 17.08.1996. 9. That it is stated the staff concerned while working under PWI/OBRA was transferred under PWI/TORI vide. DEN (1) /DHIN's. Office Order No. WG. Late Ramchandra was irregular in attendance sheet for which he was suspended from 07.08.1996 to 19.08.1996 vide suspension notice no. E/10/PW1/OBRA dated 10.08.1996. The suspension was revoked on 20.08.1996 vide letter No. E/10/PW1/OBRA dated 17.08.1996. 9. That it is stated the staff concerned while working under PWI/OBRA was transferred under PWI/TORI vide. DEN (1) /DHIN's. Office Order No. WG. 622 / Group-D dated 12.08.1996 and PI/ OBRA's Spare Memo No. E/4/OBRA dated 20.08.1996 but the staff concerned denied to receive the spare letter. After so many correspondences he received the Spare Memo on 04.07.1997 to report under PWI/TORI. The petitioner's husband late Ramchandra, Ex:Keyman was unauthorizedly absent from 22.08.1996 to 30.06.1997 which was treated as, LWP. vide ADEN /CPU's Letter No. E/13/Settlement dated 29.01.2003. But after 04.07.1997 he neither joined his duty under PWI/ TORI nor reported to PWI/OBRA. 10. That it is stated that the staff concerned did not join till the date of his retirement i.e. 31.01.2003. 11. That it is stated that as per recorded date of birth the husband of the petitioner retired on 31.01.2003. As he was absenting unauthorizedly beyond 05 years, his retiral dues could not be paid till the absent period was regularized by the competent authority i.e. Railway Board.” 7. In this affidavit, the respondents have given details of some of the payments made to the petitioner on account of Provident Fund, GIS, Family Pension, DCRG and Leave Encashment. 8. The respondents have made further statements in this regard in paragraph nos.13, 14 and 15 of the supplementary counter-affidavit dated 23rd February 2023 which read as under : “13. That it is stated that the following dues were passed for payment to Ramchandra (now deceased) or to the legal heirs of the deceased i.e. the petitioner. (a). P.F=22144/- CO7 No. 100271 dated 26.06.2013. (b). GIS=12839/- CO7 No. 090148 dated 28.01.2016. (c). Provisional Pension/ Family Pension=1913/-+Relief with effect from 16.09.2004. 14. That it is stated that the Senior Divisional Finance Manager, Dhanbad vide its letter dated 16.02.2023 had requested the Pension payee Bank of the petitioner namely Punjab National Bank, Manda Road Branch, Allahabad, Uttar Pradesh to provide the details, as in, whether the amount of arrears of pension for the period from 01.02.2003 to 31.12.2005 has been paid in favour of Sonmati Devi (petitioner) or not. 15. 15. That it is stated that furthermore, the following dues amounts have been paid to the petitioner namely Sonmati Devi, wife of Late Ram Chander, Ex-Keyman under SSE/ P. Way/ OBRA who retired on 31.01.2003 and expired on 15.09.2004. (a). DCRG= Rs.80,841/- (b). Leave Encashment:= Rs.14,372/- The said amount have been passed vide C07 No. 30030922700466 dated 18.01.2023 which is evident from the order contained in Memo No. E/ Sett/ Court Case/ R.C./09-04 dated 20/22.02.2023.” 9. While there is no pleadings as regards delay caused in payment of some of the retiral dues accrued on death of husband of the petitioner, by virtue of the order dated 15th December 2022 the petitioner has certainly become entitled for all admissible death-cum-retiral dues accrued on death of her husband. 10. Mr. Sabyasanchi, the learned counsel for the petitioner has brought to the attention of the Court that the respondents have deducted some amount from the death-cum-retiral dues payable to the petitioner on account of house rent and electricity charges. It is stated that immediately after the death of her husband, the petitioner has vacated the accommodation provided to her husband by the employer and in respect of which proof of vacating the official accommodation is produced vide Annexure-8 in the writ petition. 11. Having regard to the facts and circumstances in the case, we are of the opinion that otherwise also the respondents should not have realized the house rent till the time the entire death-cum-post retiral benefits were paid to the petitioner irrespective of the fact that the sanction order for regularizing the period of absence of the husband of the petitioner was passed on 15th December 2022. 12. Therefore, the petitioner shall make a representation before the Senior Divisional Engineer-2, E.C. Railway, Dhanbad, as regards her grievance with respect to the payment of arrears of pension and the deduction of house rent and electricity charges beyond the period of occupation or any other grievance relating to the payment of pension/family pension. The respondent no.2 after receipt of the representation shall consider and decide the same within 8 weeks. 13. With the aforesaid directions, W.P.(S) No.6239 of 2015 stands disposed of.