OMWATI vs UNION OF INDIA AND ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 06.10.2025 Pronounced on: 10.11.2025 + W.P.(C) 15257/2025 & CM APPL. 62536/2025 OMWATI .....Petitioner Through: Mr. Anirudh Sharma and Mr. Sudarshan Bhardwaj, Advs. versus UNION OF INDIA AND ORS. .....Respondents Through: Mr. Ripudaman Bhardwaj, CGSC with Mr. Kushagra Kumar and Mr. Amit Kumar Rana, Advs. for UOI CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE MADHU JAIN JUDGMENT MADHU JAIN, J. 1. The petitioner has filed the present petition challenging the Order dated 27.05.2025 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the ‘Tribunal’) in O.A. No. 1193/2023, titled Om Wati v. The Secretary, Govt. of India Ministry of Defence & Ors., filed by the petitioner herein, whereby the learned Tribunal dismissed the above mentioned O.A. and held as under: “5.3 No relief for grant of the Ex-gratia payment can be granted on mere presumption. The relief prayed by the applicant is based on Signature Not Verified Signed By:RENUKA W.P.(C) 15257/2025 Page 1 of 9 NEGI Signing Date:11.11.2025 09:59:36 presumption that her husband may have met with an accident. Additionally the applicant is already in receipt of each of the retrial dues of the deceased employee i.e. 15.04.2006 itself when the employee was presumed to be declared dead. 5.4. In view of what has been recorded hereinabove, we do not find merits in the present OA, accordingly the same is dismissed.” FACTS OF THE CASE 2. The facts giving rise to the present petition are that the petitioner is the widow of Late Sh. Jai Singh, who was formally employed as Vehicle Mechanic with the Vehicle Depot Workshop, EME, Delhi Cantt., under the Ministry of Defence. The deceased was appointed to the said post