Back
IN THE HIGH COURT AT CALCUTTA
Sujoy Paul, Partha Sarathi Sen
Union of India – Appellant
Versus
Jayanti Chatterjee – Respondent
| Table of Content |
|---|
| 1. petitioner's grievance regarding family pension. (Para 1 , 2) |
| 2. factual background of the applicant's relationship with the pensioner. (Para 3) |
| 3. arguments focusing on the interpretation of eligibility for family pension. (Para 4 , 5 , 6 , 7 , 8) |
| 4. counterarguments presented by the respondent. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 5. court's analysis of relevant memos on family pension eligibility. (Para 17 , 18 , 19) |
| 6. judicial perspective on pension entitlement criteria. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 7. disagreement on tribunal's earlier decision relevance. (Para 27 , 28 , 29 , 30 , 31 , 32) |
| 8. final ruling and setting aside of the tribunal's order. (Para 33 , 34 , 35 , 36 , 37) |
JUDGMENT :
PARTHA SARATHI SEN, J.
1. The subject matter of the instant writ petition is the order dated 11.05.2023 as passed by the Central Administrative Tribunal, Kolkata Bench, Kolkata (hereinafter referred to as the said Tribunal in short) in OA No. 350/1616/2022 whereby and whereunder the said Tribunal while allowing the said original application of the respondent/ original applicant directed the appellant authority i.e. the Union of India and its instrumentalities to disbur
The court established that a divorced daughter is not entitled to family pension unless she demonstrates dependency on her deceased parent at the time of death and initiates divorce proceedings durin....
The entitlement of a divorced daughter to a share of the family pension under the Central Civil Services (Pension) Rules, 1972 and relevant office memorandums.
Family pension eligibility is determined by the rules in effect at the time of a parent's death, and administrative changes cannot retroactively alter established rights.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
