O R D E R

By Hon’ble Mr. Rajinder Kashyap, Member (A):- The applicant has filed present Original Application under Section 19 of the Administrative Tribunals Act.1985, seeking the following relief(s):-

“(a). quash the impugned order dated 3rd Oct. 2017.

(b). grant the family pension to the applicant from

17.05.2015.

(c). grant the arrears of the family pension to the applicant from 17.05.2015 till its realization with 12 % of interest of interest per annum.

(d). grant all the family pension benefits to the applicant under the provision law/rule.

(e) pass any other order or orders as deemed fit and proper in the facts and circumstances of the case may also be passed in favour of the applicants and against the respondents.”

2. The brief facts of the case are that father of the applicant was appointed in the Railway Department on 17.12.1966, and expired during the service, on 31.07.1988 and the respondents revised the pension payments of the mother of the applicant to this effect a letter was also written to the Bank on 24.01.2014. Subsequently, the brother of the applicant was appointed on compassionate ground in January, 1989 and that time the applicant was minor. The mother (now deceased) of the applicant was getting the family pension who also expired on 16.05.2015 and the applicant was only dependent of the mother and proof of death certificate is annexed as Annexure A-4. The applicant who is the unmarried daughter, therefore, was fully depending on her mother. A letter was also written by the Bank to the respondent’s office which is the proof of nominee of the applicant vide letter dated 22.06.2015 (Annexure A-5). The applicant is fully eligible for the Family Pension after the death of her mother. Being only unmarried daughter requested to the respondent vide her request letter dated 03.11.2015 and 16.06.2016 which was received by the respondents and after waiting more than a year vide order impugned order dated 03.10.2017 (Annexure A-1), the respondents rejected the claim of the applicant. Therefore, Ms. Janki Devi (applicant herein) have filed the present Original Application seeking aforementioned relief.

3. The applicant has challenged the impugned order dated 27.11.2017 on the following grounds that the respondents did not consider the Rules which entitle her to the family pension while issuing impugned order. The decision of the respondents is against the principles of natural justice. The respondents failed to consider the facts as per OMs/ rules of the respondents as well as the CCS Pension Rules, which are fully perverse against instructions/guidelines.

4. On admission of the OA, notices were issued to the respondents and they have filed counter affidavit on 09.08.2019 and vide order dated 11.09.2019, the applicant does not choose to file any rejoinder.

5. In their counter affidavit, the learned counsel for the respondents states that the applicant Km. Janki Devi unmarried daughter of Sh.Trilok Singh and Smt. Saraswati, ex-waterman who expired on 31.07.1988 and has requested for grant of family pension in her favour from 17.05.2015 as mother Smt. Saraswati (who was in receipt of family pension) has also passed away on 16.05.2015. He states that the relevant record of the deceased employee has already been destroyed under time limit being about 30 years old as per extent rules and after the death of her mother being unmarried, unemployed and dependent daughter of the deceased employee. The applicant has applied for grant of family pension. He further states that during consideration of her claim towards family pension as of being dependent it was proved as she was in receipts of complimentary passes and availing the facilities of medical also being shown as dependent on his brother who was appointed in the Railways on compassionate ground. It is stated that it is one of the pre-requisite for grant of family pension to the ward should be dependent upon the pensioner/ family pensioner as the case may be. Therefore, on receip