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MANINDRA MOHAN SHRIVASTAVA, VINOD KUMAR BHARWANI
Union of India – Appellant
Versus
Hemlata Sharma – Respondent
JUDGMENT
1. This writ petition under Article 227 of the Constitution of India is directed against the order dated 14.08.2019 passed by the Central Administrative Tribunal, Jaipur Bench, Jaipur (herein after referred to as 'the Tribunal') by which the original application filed by the respondent No.1 has been allowed.
2. The facts necessary for adjudication of the controversy involved in the present petition are that father of Smt. Hemlata Sharma, namely; Shri Bhanwar Lal Sharma, who was a retired railway employee and while being a pensioner died on 04.04.1992. His widow (mother of the applicant Hemlata Sharma) started getting family pension. On 08.05.2007, employee's widow also died. Original applicant Smt. Hemlata Sharma, who was admittedly leading a married life at the time of death of her father and mother both, had strained marital relationship with her husband and it was her case that by an agreement, she and her husband agreed to divorce. She applied for grant of family pension on 07.09.2007, but it was not granted.
3. Original applicant, thereafter, obtained a decree of divorce from a court of competent jurisdiction on 04.05.2009 and again approached the authorities claiming pe
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.
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 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....
Family pension eligibility is determined strictly by birth order among dependents, not by relinquishment 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 right to receive family pension under statutory provisions is in the nature of property and cannot be denied without due process of law. Administrative actions affecting parties must adhere to pr....
A married daughter cannot claim family pension under the Rajasthan Civil Services (Pension) Rules, 1996, if she was married at the time of her father's death.
Point of law: “Congress was confronted with the formulation of policy peculiarly within its wide swath of discretion. It would be a singular intrusion of the judiciary into the legislative process to....
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