The entitlement of an unmarried daughter to death gratuity and family pension under the Pension Rules, 2021, when other family members cease to be eligible.

Heard Mr. D. Panging, learned counsel for the petitioner. Also heard Mr. I. Riram, learned Additional Senior Government Advocate for the respondents no. 1 to 5.

2. By instituting this writ petition, the grievance put forward by the petitioner is for a direction to the respondent authorities to pay death gratuity and grant family pension to her, being the unmarried daughter of Late Mahananda Chetia, who was serving as Forest Guard in the Department of Environment and Forest, Government of Arunachal Pradesh in terms of the Central Civil Services (Pension) Rules, 2021.

3. The case of the petitioner, in nutshell, is that she is the unmarried daughter of Lt. Mahananda Chetia, who was serving as Forest Guard in the Department of Environment and Forest, Government of Arunachal Pradesh and was posted under Khellong Forest Division, Bhalukphong. The petitioner was born on 02.10.2001, i.e. 2 (two) months after the death of her father. The father of the petitioner was born on 22.02.1960 and had died at the age of 41 years on 16.08.2001. He was appointed as Forest Guard in the year 1980 and had served the Department for long 20 years. The petitioner contends that since, she was born 2 (two) months after the death of her father, she is not aware of the exact date of her father’s appointment, however, as per the Bio-data, it is shown that her father was appointed as Forest Guard in the year 1980.

4. The father of the petitioner was first married to a lady named Smti Dipti Sharma. For some reason their marriage did not last long and eventually they got divorced. The petitioner's father has no child from his first marriage. Later in the year 1997, the petitioner's father married, Smti Yaka Mosing, who is the mother of the petitioner. At the time of marriage, Smti Yaka Mosing was also serving as Forest Guard in Khellong Forest Division. Out of his second marriage, the petitioner's father has 2(two) daughters, the petitioner and her elder sister, namely, Smti Sunky Chetai. Few years after the death of the petitioner’s father, her mother got remarried to some other person and in the meantime her father's first wife has also remarried. Now, both of them have children from their second marriages. After their mother's remarriage, petitioner and her elder sister were looked after by their uncle, Shri Dilip Chetai. The petitioner has been told by her uncle that after the death of their father, he had made a claim for grant of service and pensionary benefits on behalf of the petitioner and her elder sister. Simultaneously, their mother and her father's first wife had also made claim for grant of service and pensionary benefits. In order to settle the matter, the petitioner's uncle and the 2 (two) wives had approached the Deputy Commissioner, Bomdila. As there was no nomination in favour of any person for receiving the death gratuity as required under the Rule, the Deputy Commissioner, Bomdila advised them to wait for the daughters to become major, who upon attaining majority could apply for Succession Certificate. Thereafter, neither the petitioner's mother nor the first wife has ever made any claim and the matter was laid to rest.The petitioner attained the age of 18 years on 02.10.2019 but before she could process her claim the Covid-19 pandemic started, due to which, the petitioner could not process her claim for service and pensionary benefits. When the situation became normal, the petitioner applied for Succession Certificate before the Court of the District Judge, Bomdila, for claiming debts and securities of her late father including service and pensionary benefits. Accordingly, the Learned District Judge, Bomdila issued the succession certificate No. SA- 05/2022(WSD/BDL) dated 28.02.2022 in favour of the petitioner.

5. It is contended that due to ignorance and lack of proper guidance, the petitioner could not make any claim for death gratuity and family pension admissible to her as per the Rules at an earlier point of time. Therefore, immediately