ORDER

(As per Hon’ble Mr. B.V.Sudhakar, Admin. Member) Through Video Conferencing:

2. The OA is filed challenging the decision of the respondents rejecting the claim for family pension due to be granted the applicant, who claims to be a widowed daughter.

3. Brief facts of the case that the mother of the applicant passed away while working for the respondents’ organization on 06.09.2010 as Conservancy Safaiwala. The father of the applicant died on 29.1.2000. During the life time of her parents, the husband of the applicant Sri D.Kotesh died on 13.11.1993. Applicant claimed family pension and since it was not considered, OA 109/2017 wherein it was directed to dispose of the representation of the applicant. The representation submitted on 10.1.2019 was rejected on extraneous consideration on 11.6.2019 and hence the OA.

4. The contentions of the applicant are that after the death of her husband on 13.11.1993, she has been living with her mother as a dependent. She was pregnant at the time of the death of her husband and she gave birth to a girl child by name Kum. Divya on 3.3.1994. Being a widow, she could not remarry due to social taboo and due to the human urge working on her, she again gave birth to another girl child by name Kum. D. Priyadarshini on 5.5.1996. However, for fear of the society and family relations, she mentioned the name of the father of the Kum.

Priyadarshini as Sri D.Kotesh in educational records. The brother of the applicant filed OA 1044/2012 and after further litigation, the terminal benefits were equally distributed except the family pension, since her brother crossed the age of 25 years to be granted the family pension. The rejection of the family pension on the ground that both the children were born after the death of the husband of the applicant is incorrect, since the applicant is eligible for family pension as a widowed daughter. If the respondents had any suspicion about the remarriage of the applicant, then it has to be proved by them and not reject family pension on an assumption.

Family pension is a statutory right elevated to the status of a Fundamental Right under Articles 21 and 300-A of the Constitution. Govt. of India, Ministry of Finance, UO No. 3006-E.V/51, dated 11.5.1951 has clarified that even if a widow has given birth to an illegitimate child, the case for pension has to be disposed as a case of no legal marriage. Articles 14 & 16 of the Constitution have been violated.

5. Respondents in the reply statement affirm that the terminal benefits after the demise of the mother of the applicant were paid equally to the applicant and her brother. As per Rule 54 (6) of CCS (Pension) Rules, 1972, the family pension is to be paid to the widow, whereas the applicant is the married daughter and hence ineligible. The death of the husband does not grant any right to the applicant to claim family pension. The applicant has given birth to two children after the death of her husband and hence, would have been remarried or is in a live-in relationship with another male person. Therefore, it cannot be said that she was dependent on her late mother and to claim family pension, the dependency has been suppressed.

The applicant has approached the Tribunal with unclean hands.

6. Heard both the counsel and perused the pleadings on record.

7. I.

The dispute is about non grant of family pension to the applicant after the death of her mother who worked for the respondents organization as Conservancy Safaiwala. Terminal benefits were paid equally between the applicant and her brother. However, when it came to family pension the brother was ineligible for having crossed the age of 25 years and therefore, the claim of the applicant is before us on the ground of widowed daughter. The grant of family pension to a widowed daughter is governed by Rule 54(6) of CCS (Pension) Rules, 1972. The relevant portion is extracted here under:

“(6) The period for which family pension is payable shall