IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

Present:-

The Hon’ble Justice Madhuresh Prasad

And

The Hon’ble Justice Supratim Bhattacharya

W.P.C.T. No. 153 of 2023

Sarbani Chakraborty

Vs.

Union of India &Ors.

For the Petitioner : Mr. Shamit Sanyal,

Ms. Priyakshi Banerjee

For the Respondents : Ms. Susmita Saha,

Mr. Niladri Saha

Judgment on : 3^rd September, 2025

Supratim Bhattacharya, J.:

1. Heard the learned counsel for the petitioner and the learned counsel for

the respondents.

2. The petitioner has assailed the order dated 8^th May, 2023 passed in

O.A. No. 1624 of 2022. Through the said Original Application, the

petitioner/applicant prayed for the following directions:

“a. An order or direction be issued thereby directing the respondents to consider the representations made by the applicant and direct the respondents to set aside the notice

dated 7^th day of October, 2021 and 28^th day of December, 2021.

b. Pass an order directing the respondent no. 2 and 3 to consider the representation of your applicant and disburse the pension benefits.

c. Any further order or orders and/or direction or directions as the Hon‟ble Tribunal may deem fit and proper.”

3. After hearing the learned counsels representing the applicant/petitioner and the respondents, the Central Administrative Tribunal, Kolkata Bench (‘Tribunal’ for short) has been pleased to pass the following:

“6.1 Payment of family pension to the family member of a deceased government pensioner is governed by the CCS (Pension) Rules. Relevant parts of Rule 50 (Family Pension) of the CCS (Pension) Rules are extracted below :-

"(6) The family pension shall be payable to the members of the family of the deceased Government servant or pensioner in the following order, namely:-

(i) subject to provisions of sub- rule (8), widow or widower, (including a post-retiral spouse and judicially separated wife or husband), (ii) subject to provisions of sub-rule (9), children (including adopted children, step children and children born after retirement of the pensioner), (iii) subject to provisions of sub-rule (10), dependent parents (including adoptive parents) of the deceased Government servant or pensioner, (iv) subject to provisions of sub-rule (11), dependent siblings (i.e. brother or sister) of the deceased Government servant or pensioner, suffering from a mental or physical disability, Explanation.- deceased Government servant or the pensioner."

From the above, it is clear that sibling of a deceased employee/pensioner is eligible for grant of family pension only if he/she is mentally or physically disabled. It is not the case of the applicant that she is disabled in any way. Her nomination as a family member by her brother in the family declaration form does not bestow any right on her to claim family pension. I also agree with the contention of the Learned counsel for the respondents that the relationship for the purpose of determining eligibility for grant of family pension is to be considered with respect to the employee of the government and not any other family member. Applicant's claim that being the unmarried daughter of her mother, she is entitled to family pension, is not tenable as the applicant is the sister of the employee. Her relationship with her mother, who was not an employee of the government, is of no relevance in determining her eligibility for grant of family pension.

6.2 In view of the above, it is held that the impugned letters dated 07.10.2021 and 28.12.2021 do not suffer from any legal infirmity. Respondents have not erred in rejecting the claim of the applicant to family pension.”

4. The factual matrix of the present lis is that the employee was receiving pension and on his death being an unmarried person his mother was receiving family pension. On the death of the mother of the employee, the petitioner being the sister of the employee, since deceased, has prayed for granting family pension in her favour, which has not been entertained and has been turned down.

5.