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IN THE HIGH COURT OF ORISSA, CUTTACK
B.R. Sarangi, J.
Sujata Mohanty - Appellant
Versus
Berhampur University & Ors. - Respondents
W.P.C. (C) No. 8541 of 2019
Decided On : 14-07-2021
Pension - Family Pension Entitlement - OCS (Pension) Rules, 1992, Rule-2(1)(b)(iii), Rule-56(2)(c), Rule-56(5)(d), Rule-56(5)(e) - The petitioner, a divorced daughter, sought family pension after her father's death. The court found that her income met the eligibility criteria under the rules and that she was entitled to the family pension. The impugned communication rejecting her claim was quashed, and the opposite parties were directed to calculate and disburse the family pension to her within four months.
Fact of the Case:
The petitioner, a divorced daughter, sought family pension after her father's death. The authorities rejected her claim citing provisions of OCS (Pension) Rules, 1992. The petitioner argued that her income met the eligibility criteria and that the rejection was erroneous and violative of constitutional rights.
Finding of the Court:
The court found that the petitioner's income met the eligibility criteria for family pension under the OCS (Pension) Rules, 1992. It held that the rejection of her claim was an outcome of non-application of mind and violative of her rights. The impugned communication was quashed, and the opposite parties were directed to calculate and disburse the family pension to her within four months.
Issues: The main issue was whether the petitioner, as a divorced daughter, was entitled to family pension under the OCS (Pension) Rules, 1992, considering her income and the provisions of the rules.
Ratio Decidendi: The court relied on the provisions of OCS (Pension) Rules, 1992, particularly Rule-56(5)(d), to determine the eligibility of the petitioner for family pension based on her income. It also considered the absence of objection from other legal representatives and the entitlement determined during the lifetime of the pensioner.
Final Decision: The writ application was allowed, the impugned communication was quashed, and the opposite parties were directed to calculate and disburse the family pension to the petitioner within four months.
JUDGMENT
B. R. Sarangi, J. - The petitioner, by means of this writ petition, seeks to quash the communication dated 11.03.2019 at Annexure-7, whereby the Comptroller of Finance, Berhampur University has rejected the claim of the petitioner for family pension, and to issue direction to the opposite parties to sanction and disburse family pension in her favour within a stipulated period.
2. The factual matrix of the case, in brief, is that the petitioner is the daughter of late Sarada Prasad Mohanty, who was working as Professor in the department of Physics under Berhampur University and retired from service on 31.07.1999 on attaining the age of superannuation. Though the petitioner was married, her marriage was dissolved by a decree of divorce under Section 13(B) of Hindu Marriage Act on 12.05.1995 by the Court of learned Civil Judge (Sr. Division), Bhubaneswar in T.S. No.236 of 1998. As a consequence thereof, she stayed with her parents and was fully dependent on them. While she was so continuing, her mother, Renuka Mohanty and wife of late Sarada Prasad Mohanty expired on 28.08.2010. Accordingly, her father submitted an application for change of nomination in favour of the petitioner for acceptance as nominee to receive family pension, whenever it would have become due and such proposal was considered and duly accepted by the authority vide Annexure-2 dated 01.07.2015. Consequentially, opposite party no.1 communicated the same to the Comptroller of Finance, Berhampur University stating that pursuant to Pension Amendment, 2011 by the Government of Odisha O.M. No.32745/F dated 23.07.2011, the Vice-Chancellor allowed the petitioner, the divorced daughter of late Sarada Prasad Mohanty, to be the next recipient of family pension as nominated by him.
2.1. Prof. Sarada Prasad Mohanty expired on 06.06.2018 leaving behind two major sons and two married daughters besides the petitioner, as per the legal heir certificate dated 28.12.2018 in Annexure-4 granted by the competent authority, namely, Revenue Officer in Miscellaneous Certificate Case No.e-LHC/44 of 2018 in prescribed Form-II under Rule-3 only for the purpose of family pension. Due to death of the pensioner, the family pension became payable to his family i.e. the petitioner, as she was nominated to be the next recipient pursuant to Annexure-2 dated 01.07.2015. Consequentially, the petitioner approached the authorities by filing representations annexing all the relevant documents, as required, including the income certificate dated 06.12.2018 issued by the Revenue Officer, legal heir certificate dated 28.12.2018 and the affidavit dated 18.01.2019 indicating "no objection" executed by all her brothers and sisters to sanction and disburse family pension in her favour. Pursuant to letter in Annexure-2 dated 01.07.2015, in spite of repeated approaches, when the authorities did not consider her grievance, she approached the Vice- Chancellor-opposite party no.2 by filing a representation on 04.02.2019. Pursuant thereto, opposite party no.3 communicated, vide letter dated 11.03.2019 under Annexure-7, to the petitioner that her claim for family pension, as divorced daughter of Late Sarada Prasad Mohanty, Retd. Professor of the University and consequent pensioner cannot be considered as per the provisions of OCS (Pension) Rules, 1992 and further amended vide notification No.32745/F dated 23.07.2011 of Finance Department, Govt. of Odisha in rule-2, sub-rule (1) in clause (b)iii, as she has income for livelihood as per the copy of income certificate provided by her. Hence this application.
3. Mr. C.R. Swain, learned counsel for the petitioner argued with vehemence that the reasons assigned for rejection of the claim of the petitioner for grant of family pension pursuant to Annexure-7 dated 11.03.2019 cannot sustain in the eye of law. It is contended that the petitioner has produced the income certificate issued by the competent authority showing her annual income of Rs.40,000/- from agricult
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