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BIREN VAISHNAV, DEVAN M. DESAI
General Manager – Appellant
Versus
Ilaben Chhaganbhai Sarvaiya – Respondent
JUDGMENT :
BIREN VAISHNAV, J.
1. This is a petition filed under Article 227 of the Constitution of India challenging the order dated 30.03.2017 passed in O.A. No.701 of 2016 with M.A. No.534 of 2016 passed by the Central Administrative Tribunal, Ahmedabad.
2. By the aforesaid order, the application of the original applicant has been allowed by the Central Administrative Tribunal, Ahmedabad, directing the original petitioners to take immediate steps to order for sanctioning family pension and to pay the arrears and continue to pay family pension to the original applicant before the Tribunal.
3. Facts in brief are as under:
3.1 The respondent no.1-original applicant (‘the respondent’ for short) had married to the respondent no.2 and got divorced as per their customs on 19.01.2009 and came back to her parental house.
3.2 The mother of the respondent was working with the petitioners as Safaiwali. She retired on 30.06.2016 and thereafter died on 11.07.2016. The respondent approached the Central Administrative Tribunal, Ahmedabad, to claim family pension.
3.3 Upon respondent making representation dated 17.01.2013 to the petitioner no.2, the Railway Board issued certain executives/Joint Procedur
Divorced daughter ineligible for family pension if divorce proceedings initiated and decree obtained after parent's death; customary dissolutions like Muthalika invalid without court decree or proven....
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....
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