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IN THE HIGH COURT AT CALCUTTA
Sujoy Paul, Partha Sarathi Sen
Union of India – Appellant
Versus
Jayanti Chatterjee – Respondent
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 disburse family pension to the respondent/original applicant within 8 weeks from the date of the receipt of the certified copy of the impugned order.
2. The aforementioned authorities felt aggrieved and thus, preferred the instant writ petition.
3. For effective adjudication of the instant writ petition some relevant facts are required to be dealt with and those are stated hereinbelow in seriatim:-
(i) One Ranjit Kumar Chatterjee, since deceased, the father of the respondent/original applicant was employed as Senior Auditor in Accounts Office, Riffle Factory, Ichhapore and he was superannuated on 31.01.1996.
(ii) One Smt. Bandana Chatterjee, the spouse of late Ranjit Kumar Chatterjee pre-deceased her husband on 29.01.
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.
A divorced daughter is entitled to family pension if she was dependent on the deceased pensioner at the time of death, irrespective of the divorce being post-death.
The main legal point established in the judgment is that a divorced daughter is entitled to family pension under the OCS (Pension) Rules, 1992, if her income meets the eligibility criteria specified ....
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 po....
Service Law – Family Pension - Family pension can be granted to divorced daughter in case where divorce proceedings have been filed in a competent Court during life time of employee – pensioner and d....
Family pension eligibility is determined strictly by birth order among dependents, not by relinquishment rights.
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