IMPORTANT POINT
The court established that procedural technicalities should not obstruct the substantive rights of illiterate individuals in claiming family pensions.

JUDGMENT :

SAMEER JAIN, J.

1. Delay is condoned.

2. The instant petition is filed with the following prayers:

(a) To allow the Writ Petition and issue appropriate directions to the Respondent to forthwith pay the family pension to the Petitioner w.e.f. date of impartment of the succession certificate with 18% interest per annum and continue to pay the family pension to the applicant as per the PPO order dated 08.08.2016.

(b) The Respondents may be directed to acknowledge the petitioner and her daughter as legally entitled for the receipt of the family pension and all other pensionary benefits given to the family members of the Respondent organisation.

(c) The respondents may kindly be directed to disburse the difference of family pension amount Rs. 33,600/- (3,24,450-2,90,850) along with the interest of 12% p.a.

(d) The cost of the Writ Petition may kindly be awarded in favour of the Petitioner.

(e) Any other order or direction, which this Hon’ble Court may deem just and appropriate in the facts and circumstances of the case and in the interest of justice, may kindly be passed in favour of the Petitioner.

3. The nitty-gritty of the instant matter is that the petitioner’s husband Lt. Shri Ramlal was appointed in Indian Railways on the post of ‘binder’ on 13.05.1965, and served the said department on the said post, for a period of approximately 27 years. Thereafter, took a voluntary retirement on 31.05.1992 (Annexure-1). The family and the petitioner’s husband pension at the time of retirement were fixed as Rs. 476 per month and after commutation were fixed as Rs. 138 per month (Annexure-2). However, the petitioner’s husband died on 30.12.2008, and ever since then the petitioner with her two daughters Narayani and Maya have suffered irreparable loss and faced severe travails. It is pertinent to mention that the petitioner is illiterate women, has no knowledge about the legal intricacies and has no survivor, moreover, no such relative or family member were/are present who could have/can guided/guide the petitioner about her rights qua the family pension.

4. The neighbors of the petitioner saw her pity and guided her qua her rights regarding the family pension. Resultantly, the petitioner approached the respondents in the year 2012, demanding her family pension.

5. In this backdrop, learned counsel for the petitioner has submitted that the petitioner’s husband was required to fill a nomination form, for availing the benefits under the Railway Employees Insurance Scheme. Hence, the same was executed on 19.12.1977, wherein, the name of the petitioner was entered as the wife of Sh. Ramlal (now deceased) and the name of their two daughters as nominee, qua the same. It is further submitted that the said form is a part of the service record of the petitioner (Annexure-4).

6. Further, it is submitted that the respondents replied upon the letter furnished by the petitioner in the year 2012 on 17.04.2012 and have stated that since the name of the petitioner is not listed as the nominee to Sh. Ramlal, she is not entitled to attain the family pension. In reply to the said letter the petitioner again furnished another letter wherein, she also annexed various documents to substantiate her contention, of being the lawful wedded wife of Sh. Ramlal (Annexure-5, 6 and 7). Subsequently, the petitioner filed a suit under section 372 of the Indian Succession Act, 1925 (Application for certificate), to attain/obtain a succession certificate. One of the issues framed whilst adjudication of the said suit was that “whether the petitioner is a widow of deceased Ramlal.” Moreover, the said issue was adjudicated in favour of the petitioner, and the learned Trial Court had issued the succession certificate to the petitioner. It is further submitted that the petitioner had also annexed a schedule wherein, the computation regarding the arrears [Rs. 2,90,850/- (Rupees Two Lacs ninety thousand eight hundred fifty only)] qua the family pension, till that date were mentioned,