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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
G.S.AHLUWALIA
Rakhi Chauhan – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. eligibility for family pension. (Para 1 , 2) |
| 2. court's analysis of petitioner’s claims. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. final dismissal of the petition. (Para 10) |
ORDER :
This petition, under Article 226 of Constitution of India, has been filed against the order dated 15.07.2021 by which the claim of petitioner for grant of family pension has been rejected.
2. It is the case of petitioner that late mother of petitioner was working on the post of Assistant Teacher. She died in harness on 04.02.2002 and thereafter her dues were paid to her husband and pension was also continued. Petitioner got married to Anand Kumar Tanwar on 17.02.1997 and on 19.12.2003 the marriage was severed by a decree of mutual divorce and accordingly petitioner started residing with her father along with her son. Her father, namely, Devendra Pal Singh Chouhan expired on 05.08.2016 and accordingly petitioner filed a Writ Petition for grant of family pension after death of her father which was registered as WP. No.116/2017. The said writ petition was disposed of by order dated 05.09.2019 with a direction to respondents to decide the representation. It was the case of petitioner that even the divor
The M.P. Civil Services (Pension) Rules do not provide for family pension to divorced daughters, and the petitioner failed to demonstrate unemployment or lack of income.
A divorced wife is not entitled to family pension under the Chhattisgarh Civil Services (Pension) Rules, 1976, as the definition of 'family' excludes divorced spouses.
A divorced daughter is entitled to family pension if dependency can be established, treated equally to unmarried daughters.
Divorced daughters are entitled to family pension eligibility assessments based on income, not marital status at the time of the parent's death.
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....
Divorced daughters are entitled to family pension similar to unmarried daughters, emphasizing dependency and socio-economic justice rather than strict adherence to employment status.
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