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AMIT RAWAL, K. V. JAYAKUMAR
Union of India – Appellant
Versus
S. Sathikumari Amma W/o. Late Gopalakrishna Pillai – Respondent
JUDGMENT
K. V. JAYAKUMAR, J
The present OP(CAT) is directed against the order of the Central Administrative Tribunal, Ernakulam dated 03.10.2016 in O.A.No.398/2015.
2. The issue involved in this Original Petition is whether a family pension would come within the purview of property or estate of an employee?.
3. Succinctly, the facts in brief are as follows:
The respondent, S.Sathikumari Amma, is the wife of late Gopalakrishna Pillai, retired Postal Assistant. Late Gopalakrishna Pillai has availed Voluntary Retirement Scheme from service on 01.01.2003 and died on 24.10.2013. Late Gopalakrishna Pillai was receiving pension as per Annexure-A2 Pension Payment Order. At the time of his retirement, the deceased pensioner, Gopalakrisha Pillai, while making his application for pension expressed his intention not to include the applicant, Sathikumari Amma, as a family member. Moreover, the deceased pensioner had submitted a representation on 12.11.1998 with a request to strike off the name of his wife Sathikumari Amma and daughter S.Lakshmi from his service book and other records and to declare that the nomination made in favour of them for pensionary be
Family pension is not part of an employee's estate and cannot be excluded from dependents through testamentary disposition.
Unchallenged civil court declaration of legal wedlock binds employer-participant via estoppel and res judicata for family pension, overriding non-notification under pension rules.
Pension benefits cannot be adjudicated through writ jurisdiction in the presence of competing marriage claims; a definitive legal spouse must be established in civil court settings.
Under the Gujarat Pension Rules, the legally wedded wife of a male government employee is entitled to family pension despite any erroneous nomination by the employee prioritizing someone else.
The validity of a marriage under the Tamil Nadu Pension Rules and Section 5(i) of the Hindu Marriage Act, 1955, and its impact on entitlement to family pension.
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 precedence for elder widowed daughter over unmarried daughter requires proof of dependency; absent such proof despite opportunities, pension granted to nominated dependent unmarried da....
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