The main legal point established in the judgment is that the entitlement of a widowed daughter to family pension under the CCS (Pension) Rules, 1972 is determined by the legislative intent and the policy decision of the government, and the clarificatory office memorandum dated 18.09.2014 was found to be non-discriminatory.

ORDER :

1. This writ petition has been filed by the petitioners Union of India & Ors against the order dated 16.06.2016 passed by the Central Administrative Tribunal, Calcutta Bench, Kolkata (hereinafter be referred to as the Tribunal) in O.A. No. 350/01194/2015. The respondent Ratna Sarkar filed the Tribunal application seeking the following reliefs:-

(a) To issue direction upon the respondents and their men and agents to cancel, quash, set aside the impugned order dated 03.07.2015 and the order dated 01.07.2015 forthwith;

(b) To issue further direction upon the respondent to direct the respondents to declare that the Office Memorandum dated 18.09.2014 issued by the Ministry of Personnel, P.G. & Pensions, Department Of Pension & Pensioners' Welfare, Government of India bearing No. 1/13/09-P&PW(E) is ultra vires the constitution;

(c) To direct the respondents to continue with the making payment of family pension to the applicant as usual as before till the disposal of the application;

(d) To direct the respondents to produce the entire record of the case before the Tribunal for effective adjudication of the issues involved therein;

(e) And to pass such order or orders or further order as the Tribunal may deem fit and proper.

2. By the impugned order dated 16.06.2016 the Learned Tribunal has declared that the clarificatory circular being Office Memorandum dated 18.09.2014 issued by the Ministry of Personnel, P.G. & Pensions, Department Of Pension & Pensioners' Welfare, Government of India is unconstitutional and opposed to public policy and accordingly the Office Memorandum was quashed. By the same order the Learned Tribunal directed the respondent authorities to apply the circulars dated 30.09.2004 and 11.09.2013 to the respondent Ratna Sarkar to continue disbursing family pension to her treating her as a dependent daughter of the deceased pensioner with arrears to be released within two months from the date of communication of the order.

3. Now the question which falls for determination is as to whether a daughter of a pensioner who was married, but became widowed after the death of the pensioner is entitled to family pension.

4. Shorn of unnecessary details, the facts which are necessary for adjudication may be stated as under :

Nitya Gopal Das, the father of the respondent Ratna Sarkar was driver/RHA, Eastern Railway and he retired from service on superannuation on 10.09.1980. He was a railway pensioner and died on 19.05.1985. After the death of her father, her mother Namita Das was a recipient of family pension from the Eastern railway. She died on 05.05 1991.

The petitioner was married to one Hrishikesh Sarkar, but, he died untimely on 03.08.1993.

The petitioner came to learn that the Ministry of Railways, Government of India was sanctioning family pension to the widowed daughter of ex railway employee beyond the age of 25 years. She applied for family pension to the concerned authorities of Eastern Railway. In response to her application the appellant no.5, the Senior Divisional Personnel Officer, Eastern Railway, Sealdah Division, vide Memo dated 03.07.2009 directed the respondent to contact with the concerned office for execution of necessary forms and documents for grant of family pension in her favour. Accordingly, she submitted all the required documents to the authority concerned. The family pension as applied by her was sanctioned to her with effect from 25.08.2004 vide P.P.O No. 02060661780 giving advice to the Manager, Central Bank of India, Kalyani Branch, Nadia for disbursement of family pension along with arrears thereto to her by the Assistant Divisional Finance Manager, Sealdah, Eastern Railway on 16.08.2010.

But, the appellant no 4, the Divisional Railway Manager, Eastern Railway vide a Memo dated 28.01.2015 discontinued the family pension granted in favour of the respondent with immediate effect vide P.P.O No. 6617 in terms of C.P.O/KKK's Serial No. 125/2014 on the ground that the widowed/divorcee daughter who got wi