ORDER

(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member) By this OA, the applicant sought the following relief:

“…….....to direct the Respondent No.2 to release the retirement and service benefits of applicant’s deceased Sister Late K. Usha Rani in favour of the applicant along with interest who worked in their office from 12.03.1990 to 09.09.2015 as peon by complying the Succession judgment and Decree dt. 02.11.2016 passed in his favour by the competent Civil Court passed in O.S. No.197 of 2016 on the file of learned XI Junior Civil Judge, City Civil Court at Secunderabad, as arbitrary, ex-facie illegal, highhanded and dereliction of duty by giving colourable exercise to its statutory powers and consequently may direct the respondent no.2 to release the retirement and service benefit of petitioners deceased sister Late K. Usha Rani in his favour along with interest who worked in their office from 12.03.1990 to 09.09.2015 as peon by imposing cost, in the interest of justice and may pass such other order or orders as this Hon’ble Tribunal may deem fit and proper in the circumstances of the case.”

2. The applicant claiming himself as legal heir of the deceased employee who died in the year 2015 on the basis of the judgment of the XI Junior Civil Judge, City Civil Court at Secunderabad, passed in OS.No.197/2016 dated 02.11.2016. By this judgment and Decree, while granting mandatory injunction, Court has declared the applicant as legal heir of the deceased employee and he is entitled for service benefits of the deceased employee. Since the service benefits for which the applicant is eligible under the payment of Gratuity Act and under CCS (Pension) Rules, have not been paid, feeling aggrieved, the applicant has approached this Tribunal and prayed for above said benefit.

3. After Notice, respondents have appeared through their counsel, filed reply and vehemently opposed the relief on the ground that the Late Smt. K. Usha Rani was staying at Flat No.20 G.K. Enclave, Defence Colony, Malkajgiri, Tirumalagiri, Hyderabad, which is different from the residential address of the applicant viz., H.No.11-2-351, Mylargadda, Seethaphalmandi, Secunderabad – 500 061. Hence, the claim of the applicant is that his sister was residing with him seems to be factually incorrect as per records. Late Smt. K. Usha Rani has not nominated anybody during her entire service period of over fifteen years i.e., from 23.3.1990 till 09.09.2015, as nominee in the standard form 3, which is an integral part of her service book and seen from the cause title of the O.A., the applicant is a retired government servant and aged about 61 years. It is further stated that the applicant does not fall under the definition of ‘Family’ as per the CCS (Pension) Rule 53 (1) (i) &amp; (ii) and 54 (14) (b) and he is not entitled for any benefits of the deceased employee as deceased employee did not submit any nomination either for Gratuity in Form No.1 or 2 or Family Pension. It is further submitted that for the purpose of payment of Gratuity, as per Rule 50 (6) CCS (Pension) Rules “Family” means: <br/>

i) Wife or wives including judicially separated wife or wives i.e. the case of a male government servant.

ii) Husband, including judicially separated husband in the case of a female government servant, iii) Sons including stepsons and adopted sons, iv) Unmarried daughters including step daughters and adopted daughters, v) Widowed daughters including step daughters and adopted daughters.

vi) Father (including adoptive parents in the case of individuals vii) Mother (whose personal law permits adoption.

viii) Brothers below the age of eighteen years including stepbrothers.

ix) Unmarried sisters and widowed sisters including stepsisters.

x) Married daughters and xi) Children of a pre-deceased son.

It is further submitted that for the purpose of grant of pension, as per Rule 54(14) (b) “family” in relat