Divorced daughters are entitled to family pension if they meet eligibility criteria at the time of their parents' death, regardless of the timing of their divorce.

Headnote:(A) Railway Service Pension Rules, 1993 - Rule 75(iii) - Family pension eligibility for divorced daughters - The Tribunal quashed the order denying family pension to the applicant, emphasizing that divorced daughters are entitled to family pension if they fulfill eligibility criteria at the time of their parents' death - The applicant's dependency was established despite her mother's remarriage - The Tribunal directed the respondents to reassess the applicant's eligibility based on her financial means. (Paras 4.1, 4.2, 6, 8.2)

(B) Dependency Criteria - The court highlighted that dependency is determined at the time of the parent's death, and the applicant's circumstances were similar to previous judgments allowing family pension to divorced daughters. (Paras 4.4, 5.2)

(C) Non-speaking Orders - The Tribunal criticized the impugned order for being cryptic and lacking reasonable justification for denying the claim. (Paras 4, 5.1)

Facts of the case:
The applicant, a divorced daughter of a deceased railway employee, sought family pension after her divorce, which occurred after her mother's remarriage. The respondents denied her claim citing dependency criteria.

Findings of Court:
The Tribunal found the denial arbitrary and directed a reassessment of the applicant's financial means for eligibility.

Issues: The main issues included the eligibility of divorced daughters for family pension and the adequacy of the respondents' reasoning in denying the claim.

Ratio Decidendi: The Tribunal ruled that divorced daughters are entitled to family pension if they meet eligibility criteria, regardless of the timing of their divorce relative to their parent's death.

Result: The O.A. is allowed, and the impugned order is quashed.

ORDER (ORAL)

The present O.A. has been filed by the applicant seeking the following reliefs:-

“8.1 That this Honourable Tribunal may graciously be pleased to allow the present Original Application and set- aside the impugned order dated 3.11.2022 passed by the respondent and direct the respondents to grant the family pension to the applicant from the date of divorce dated 21.3.2022 alongwith Arrears with all consequential benefits without any discrimination.

8.2. That this Hon'ble Tribunal may graciously be pleased to direct the respondents to extended the benefits of judgments dated 8.9.2021 in O.A No. 139/2019 passed by the Hon'ble Tribunal, judgment dated 8.5.2018 in O.A No. 2843/2016 as well as Rule 75 of sub-rule (iii) of Railway Service Pension Rule 1993 and Ministry of Personnel, Public Grievances and Pension, Department of Pension & Pensioner O.M dated 19.7.2017, being a divorced daughter of deceased employee and grant Family Pension from the date of divorce decree issued by the Hon'ble Court alongwith Arrears with all consequential benefits without any discrimination.

8.3. That any other or further relief which this Hon’ble Tribunal may be deem fit and proper under the circumstances of the case may also be granted in favour of the applicant.”

2. The factual matrix of the present case is that the father of the applicant Mr. N. Chellaiyan, who was working as Deputy Director Vigilance (Int.), Railway Board has expired while in service on 02.01.1994. The mother of the present applicant Mrs. Chitra Chellaiyan was receiving the family pension till she got re-married in the year 2013 and gave up her family pension post her marriage. At the time of the death of Mr. N. Chellaiyan, the father of the applicant, she was minor and studying in 8th standard, in other words that time she was dependent on her father Mr. N. Chellaiyan. The applicant got married on 09.05.2006. On account of various reasons her marriage could not succeed and they got separated on 21.03.2022. Thereafter the applicant submitted a representation before the respondents on 25.04.2022 (page 74) to grant her family pension. The applicant not got a positive response to her representation and she filed O.A. No. 2074/2022 (page 83 of the O.A) before this Tribunal. Vide order dated 05.08.2022 this Tribunal had decided the said O.A. by passing the following order:-

“5. Accordingly, the O.A. is disposed of, without going into the merits of the case, directing the respondent to consider and decide the aforesaid pending representation dated 25.04.2022 (Annexure A-11) by passing a reasoned and speaking order, as early as possible, and in any case not later than two months positively from the date of receipt of copy of this Order. There shall be no order as to costs.”

3. Pursuant to the directions of this Tribunal in O.A. No. 2074/2022, the respondents have considered the representation dated 25.04.2022 and 28.09.2022 submitted by the applicant and passed a detailed order dated 03.11.2022, rejecting the claim of the applicant and being aggrieved of the same she has filed the present O.A. seeking the aforementioned reliefs.

4. Learned counsel for the applicant states that the impugned order dated 03.11.2022 passed by the respondents is non-speaking one and not reasonable factors have been given therein for denying the family pension to the applicant. The order is cryptic one, it has just quoted that the applicant does not fulfill the conditions of eligibility and dependency criteria as per the DoP&PW order dated 11.09.2013. There is no substantiation as to how the present applicant does not fulfill the eligibility condition and dependency criteria.

4.1. Learned counsel for the applicant relies on the DoP&T’s O.M. dated 19.07.2017, paragraph 3 and 4 of the said O.M. states as follows:-

“3. It was clarified, vide this department Office Memorandum of even number, dated 11th September, 2013, that the family pension is payable to the children as they are considered to be dependent on th

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2025 Supreme(Online)(CAT) 694

CENTRAL ADMINISTRATIVE TRIBUNALDr. Chhabilendra Roul, JShikha Chellaiyan – AppellantVersusRailway – RespondentO.A./3693/2022

Divorced daughters are entitled to family pension if they meet eligibility criteria at the time of their parents' death, regardless of the timing of their divorce.

CENTRAL ADMINISTRATIVE TRIBUNAL
Dr. Chhabilendra Roul, J
Shikha Chellaiyan – Appellant
Versus
Railway – Respondent
O.A./3693/2022