The entitlement to family pension is governed by CCS (Pension) Rules, not contingent on nominations, affirming the rights of the widow and adopted children.

ORDER

PER: HON’BLE MR. VARUN SINDHU KUL KAUMUDI, ADMINISTRATIVE MEMBER

1. The present Original Application has been filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:

“.....to declare the inaction of the respondents in sanctioning family pension and other death benefits arising out of the death of late Sri P.Sudhakar who died on 20.03.2019 while working as Telecom Technician, as illegal, arbitrary and violative of Article 14 and 16 of the Constitution of India and rules on the subject matter and consequently declare that the applicants are entitled for Family Pension and other pensionary benefits with all consequential benefits in the interest of justice and be pleased to pass such other order or orders as this Hon’ble Tribunal may deem fit and proper in the circumstances of the case.”

2. The facts of the case, as submitted by the applicants, are as follows:

i. Late P.Sudhakar, husband of the 1^st applicant, worked as Telecom Technician, with HRMS No.199305459, at Ootpalli Telephone Exchange, Bodhan, Nizamabad District.

ii. Late P.Sudhakar, who was unmarried, married the 1^st applicant herein who was the widow of his own brother, late P.Swamy, on 17.11.2011. The name of the 1^st applicant is entered in the BSNL, MRS Card, dt.18.07.2013, as the wife of Shri P.Sudhakar. The only son of late Sri P.Swamy, P.Vinay Kumar, was adopted by late P.Sudhakar, as per the Registered Adoption Deed, dt.21.02.2008, with Registration No.5/2008. The adopted son of the deceased employee is the 2^nd applicant herein.

iii. Sri P.Sudhakar, while in service, died on 20.03.2019, at Hyderabad.

After the death of her husband, the 1^st applicant submitted representations to the respondents for release of pension and pensionary benefits, including the representation, dt.18.12.2019, which was a joint representation, filed by both the applicants herein. Since there was no response from the concerned authorities, the applicants herein caused a legal notice, dt. 04.02.2020, to be served upon the respondents. The respondents, vide their Lr. No.TAC/ Pen/ CCA/ Misc/ 2020/ 6758, dt. 13.02.2020, informed the advocate of the applicants, in response to the legal notice, that the PCCA, TS Circle, Hyderabad, did not receive any such case from the GMTD, Nizamabad, and that the recommending/ sanctioning authority in this case is the GMTD, Nizamabad. The applicants were advised to approach the GMTD, Nizamabad. In the meanwhile, the CGM Telecom, Telangana Circle, also marked a copy of his letter No.TAC/CA-1/PR/2017-20/58, dt.19.02.2020, which was an internal correspondence between the CGMT TS Circle BSNL, and the DGM IFA, Nizamabad, requesting to process the family pension case of Smt. P.Vijaya Laxmi and to intimate the progress of the case on or before 29.02.2020. Till date, the respondents have not sanctioned any family pension and other benefits to the applicants, because of which they have been put to severe financial stress and penury after the death of late P.Sudhakar.

iv. Hence, the OA.

3. On notice, Respondents have put in appearance through their Counsel and filed a written reply stating that –

i. Vide Lr., dt. 16.05.2013, Late Sri P.Sudhakar, TT, had applied for issue of revised BSNL MRS Card, stating that he had got married to Smt.P.Vijaya Laxmi on 24.03.2011. A copy of the marriage certificate, dt. 17.11.2011, issued by the Marriage Officer, Bodhan, is enclosed at Annexure-2. The office issued BSNL MRS Card, bearing No.1228, on 18.08.2013 (actually on 18.07.2013), by including the name of Smt.P.Vijaya Laxmi as his wife.

ii. Subsequently, Late P.Sudhakar applied, on 31.01.2019, for entry of the name of P.Vijaya Laxmi in the ERP as his wife. In response to the above request, vide office Lr.No.GMTD-NZB/HR&A/Corr. TT&ATT/2018- 19/73, dt. 25.02.2019, P.Sudhakar was directed to submit the reason for delayed intimation regarding marriage and also to submit legal heir certificate, within a month. But, on 20.03.2019, P.Sudh