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V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Mahesh Kumar Sharma – Appellant
Versus
Union of India – Respondent
JUDGMENT
V. Kameswar Rao, J. (Oral)
CM APPL. 40242/2023 (for delay)
This is an application filed by the respondents seeking condonation delay in filing the counter affidavit.
For the reasons stated in the application, the delay of 174 days in filing the counter affidavit is condoned. The application is disposed of.
W.P.(C) 80/2023
1. The challenge in this writ petition is to an order dated August 24, 2021 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (`Tribunal', for short) in Original Application being O.A.No.695/2019 (`OA', for short) whereby the Tribunal has disposed of the OA by stating as under:
"11. In view of the above mentioned, the OA is allowed. The respondents are directed to grant family pension to the applicant within a period of three months from the date of issue of this order. It is also made clear that the family pension granted within the period as directed, will be only effective from the date of grant of such family pension without any arrears. However, in case, the respondents fail to grant family pension within three months from the date of issue of this order, they will be liable to pay interest @ 9% for any subsequent delayed payment.
Entitlement to Family Pension - The entitlement to family pension from the date of the mother's death was upheld by the court, based on the implementation of the judgment by the respondents.
The court established that procedural technicalities should not obstruct the substantive rights of illiterate individuals in claiming family pensions.
Pensionary benefits cannot be subject to testamentary disposition.
Eligibility for family pension claims is determined based on applicable rules at the time of death, with no retrospective application permitted.
Family pension rights cannot be limited by bureaucratic delays and should commence from the date of entitlement, reaffirming constitutional protections under Article 21.
The main legal point established in the judgment is that the ground taken by the respondents to deny the benefit of family pension to the petitioner was factually incorrect, arbitrary, and illegal, a....
Second wives are not entitled to family pensions if the first wife is alive, reaffirming that claims must be timely and based on legal marriages.
Entitlement of mentally disabled legal heirs to family pension and the correct date for granting family pension as per the Pension Rules.
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