The dependency of family members for pension eligibility must be assessed based on their financial support, not merely their income levels, ensuring just interpretation of pension rules.

ORDER

The applicant, who is a widowed daughter of retired employee Late Shri Dhaniram Gadpaile, has filed this OA under Section 19 of the Administrative Tribunals Act, 1985 , to quash and set aside the impugned order dated 20.07.2020 by which her request for grant of family pension was declined on the ground that she was not dependent on her parents as both her sons were earning more than Rs.60,000/- per month and direction to the respondents to admit her claim of family pension and also pay the arrears of family pension with interest @12% per annum with effect from 06.08.2018 till the amount of family pension is paid and also cost of Rs.30,000/-.

2 . Brief facts, as stated in the OA, are that the deceased employee Shri Dhaniram Paiku Gadpaile was working in Ordnance Factory, Ambajhari, Nagpur and expired on 15.07.1991. Thereafter, the mother of applicant, Smt Sakubai Dhaniram Gadpaile was granted family pension during her life time till 05.08.2018, who died on 06.08.2018. The applicant’s husband had expired on 08.02.2015 and thereafter the applicant came to her parent’s house and started residing there as a wholly dependent family member of her mother, Smt Sakubai Dhaniram Gadpaile (family pensioner as a spouse), as she was not having any source of earning. The mother of the applicant had submitted affidavit, school leaving certificate of the applicant, death certificate of husband and father of the applicant etc on 23.10.2015 to Respondent No.3 informing that the applicant was fully dependent upon her and the family pension should be granted to her as a widowed Annexure dependent daughter after she dies ( A-3 of the OA ). After the death of Smt Sakubai Dhaniramji Gadpayale (widow of deceased employee) on 06.08.2018, the applicant applied to respondent No.3 for Annexure A-4 family pension on 24.08.2018 ( ).

2.1 The respondent No.3 issued a letter dated 16.03.2019 to the applicant to ask her to submit the documents listed in Annexure “A” and Annexure “B” for processing the claim of the applicant. Accordingly, the applicant submitted the documents duly filled in to Annexure A-6 respondent No.3 ( ).

2.2 The applicant submits that the children of the applicant are neither residing with nor supporting the applicant. The respondent No.3 issued a letter dated 13.08.2019 and directed the applicant to submit a certificate from State Bank of India (SBI) where youngest son of the applicant was working, that the applicant had not been shown as dependent family member from the Annexure A-7 date of appointment till date ( ). The applicant obtained the requisite certificate from the SBI vide its letter dated 28.08.2019 and submitted to the Annexure A-8 respondent No.3 on 30.08.2019 ( ).

2.3 The respondent No.3, however, issued impugned letter dated 20.07.2020 (Annexure A- 1) thereby rejecting the claim of the applicant for granting family pension on the following grounds:

“(i) The applicant was not dependent on her father as her marriage was solemnized on 16^th May 1982, as her father expired on 15^th July, 1991;

(ii)-a) The applicant was also not dependent on her mother, as her mother was receiving only family pension; and

b) At the time of death of applicant’s husband, she had two sons; who were earning members and they were earning more than Rs.60,000/- per month, and hence, she could not claim that she was wholly dependent on her mother on 06.08.2018, the date of death of her mother.”

2.4 The applicant submitted an appeal to the respondents on 06.08.2020 for reviewing the matter and also sent a reminder letter on 11.09.2020 and requested to reconsider the matter of her dependency to be determined as on the date of death of her mother, being a legal spouse of the deceased Government servant and she was not having any source of Annexure A-9 income for survival ( ). The respondents did not reply to the aforesaid appeal and, hence, the applicant issued a legal