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SUJIT NARAYAN PRASAD, PRADEEP KUMAR SRIVASTAVA
Parthi Kumar Anthony – Appellant
Versus
Union of India, represented through the General Manager, South Eastern Railway – Respondent
JUDGMENT :
(Sujit Narayan Prasad, J.) :
1. This writ petition is under Article 226 of the Constitution of India directed against the order dated 21.04.2017 passed by the Central Administrative Tribunal, Circuit Bench, Ranchi in O.A. No.051/00051/2015 whereby and whereunder the relief as was sought for by the writ petitioner before the learned Tribunal for holding her entitled to get the benefit of family pension, has been denied to be given.
2. The brief facts of the case as per the pleadings made in the writ petition, which are required to be enumerated, read hereunder as:-
This writ petition was filed by the widow (now deceased) of Late P.A. Das Ex- regular employee of S.E. Railway & when he was posted as Electrical Driver at BNDM, CKP Division, the Senior Divisional Electrical Engineer, CKP issued a notice for compulsory retirement under Rule 2046 which was served to the petitioner (now deceased) as his wife in absence of her husband which the petitioner acknowledged on 13.01.1986 in presence of witnesses.
3. After the notice dated 13.01.1986, an office order dated 10.02.1986 was issued by the DPO/CKP whereby and whereunder the husband of the petitioner (deceased widow) was ordere
Pension is a statutory right, and claims for pension cannot be denied based on delay, as it constitutes a recurring cause of action.
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....
Voluntary retirement acceptance precedes entitlement to family pension based on qualifying service; firm acknowledgment of the right to pension as a constitutional right.
The court affirmed the entitlement of a married disabled child to family pension from the date specified in an Office Memorandum, irrespective of procedural discrepancies in application.
Family pension is included in the definition of pension under the Judges Act, entitling the spouse of a retired Chairperson to claim it.
The court established that procedural technicalities should not obstruct the substantive rights of illiterate individuals in claiming family pensions.
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