ORDER

Per Hon’ble Mr. Pankaj Kumar, Member-Administrative In this case relating to grant of family pension to divorced daughter, the applicant has sought following reliefs:-

(i) To quash the impugned notification dated 06.04.2018 (contained as Annexure No. A-1 to this OA), with all consequential benefits.

(ii) To release the family pension to the applicant being the divorced daughter of the deceased employee.

(iii) Any other relief, which this Hon’ble Tribunal may deem fit, just and proper under the circumstances of the case, may also be passed.

(iv) Cost of the present case.

2. The facts of the case are that the applicant’s father retired on 30.06.2001 from the post of Mailman. After his death on 11.05.2014, his wife (applicant’s mother) was given family pension by the respondents. The applicant claims that she got married on 27.12.2010 which stood dissolved soon after on 03.03.2011. When her mother passed away on 03.11.2016, she submitted application for grant of family pension on the ground of being divorced daughter who was dependent on her parents. The respondents, vide impugned letter dated

06.04.2018, asked her to submit legal divorce certificate issued by competent court of law. Aggrieved, the applicant has preferred this OA.

3. The applicant states that since her divorce, she has been living in her parental house. She contends that there is no specific Act or legal provision to obtain divorce certificate from any court of law by a candidate belonging to Muslim community. In regard to the applicant’s divorce on 03.03.2011, a Talaknama was prepared and notarized by a notary public in presence of four witnesses. The applicant is ready sign an indemnity bond for refund of family pension if the facts regarding her divorce are found to be false. Yet the respondents have refused to entertain Talaknama as evidence of divorce.

4. The respondents state that the applicant had filed a writ petition in Hon’ble High Court (Lucknow Bench) in the matter which was dismissed on 10.05.2018 on the ground of availability of alternative remedy. It is further stated that the respondents have not rejected the applicant’s case and if she submits the legal divorce certificate issued by competent court of law, the applicant’s claim will be considered as per rules.

5. Heard both the parties. In support of applicant’s contention, learned counsel for the applicant has submitted a judgment dated 07.10.2020 passed by the Ahmedabad Bench of this Tribunal in OA No. 308 of 2018 in Ms Najmaben Umarbhai Kureshi vs Union of India & Ors.

6.1 It is not in dispute that divorced daughter is entitled to family pension. Office memorandum (OM) dated 11.09.2013 issued by the Department of Pension & Pensioners’ Welfare (DPPW) (enclosed as annexure CR-3 to the counter affidavit) states as follows:

“ Provision for grant of family pension to a widowed/divorced daughter beyond the age of 25 years has been made vide OM dated 30.08.2004. This provision has been included in clause (iii) of sub-

rule 54 (6) of the CCS (Pension) Rules, 1972 …”

(emphasis supplied) A perusal of rule 54 (6) of the Central Civil Services (Pension) Rules, 1972 reveals the following position:

“ (6) The period for which family pension is payable shall be as follows: -

(i) subject to first proviso, in the case of a widow or widower, up to the date of death or re-marriage, whichever is earlier;

(ii) subject to second proviso, in the case of an unmarried son, until he attains the age of twenty-five years or until he gets married or until he starts earning his livelihood, whichever is the earliest;

(iii) subject to second and third provisos, in the case of an unmarried or widowed or divorced daughter, until she gets married or remarried or until she starts earning her livelihood, whichever is earlier;

(iv) subject to sub-rule (10-A), in the case of parents, who