CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH, HYDERABAD ORIGINAL APPLICATION NO.021/00830/2020 ORDER RESERVED ON 08.12.2023 DATE OF ORDER: 02.02.2024 CORAM:

HON’BLE MRS. SHALINI MISRA, ADMINISTRATIVE MEMBER G.Anitha, d/o late Rajaiah aged about 41 years, Group-C Occupation House Wife r/o 12-10-336/17/8/A Seethaphalmandi Secunderabad – 500061. …..Applicant (By Advocate Sri K.Siva Reddy)

Vs.

1. Union of India rep by the General Manager South Central Railway Rail Nilayam, III Floor Secunderabad – 500 071.

2. The Deputy CSTE (Shops) Signal & Telecom Workshops Mettuguda, Secunderabad – 500017.

3. FA & CAO, South Central Railway Rail Nilayam, Secunderabad. ….Respondents (By Advocate Sri M.Brahma Reddy, Senior Panel Counsel for Central Government)

O R D E R PER: HON’BLE MRS. SHALINI MISRA, ADMINISTRATIVE MEMBER

1. The applicant has filed the present OA with a prayer to set aside the proceedings dated 13.08.2019 for non-sanctioning the Secondary Family Pension and to direct the respondents to sanction the Secondary Family Pension to her w.e.f. 01.04.2016 immediately with interest at the rate of 18% per annum till the date of payment with all consequential benefits.

2. The applicant in this case is the daughter of Sri late Rajaiah who was working in the respondent organization as Technician I Blacksmith. When Sri Rajaiah died on 23.09.1998, as per rules, the respondents have given job to one of his sons on compassionate grounds and have sanctioned family pension to the widow of the deceased employee/mother of the applicant namely Smt.G.Kalavathi who also died on 01.04.2016. The applicant had married one Sri A.Jangaiah on 13.05.1991 but she left him and came to her parents’ house in 2012 and since then she is living with her mother. Later she filed a case in MC.No.20/2016 for maintenance on 14.03.2016. She had also filed a case in FC OP No.451/2016 on the file of Family Court, Secunderabad for divorce on the ground that her husband married another lady and the decree of divorce was passed ex-parte on 13.08.2017. It is a fact that she was entirely depending on the pension of her mother since 2012 and her husband has also not denied the same.

3. After the death of her mother, the applicant made an application for sanction of the Secondary Family Pension as she is divorced daughter after obtaining no objection from other family members. The mother of the applicant also executed a registered will dated 30.12.2015 bequeathing all her immovable or movable properties to the applicant. As per Rule 75 of Railway (Services) Pension Rules 1993, the divorced daughter is eligible for Secondary Family Pension. But the 2^nd respondent had rejected her case by order dated 13.08.2019 on the ground that the applicant filed the divorce petition after the death of her mother/pensioner as per the instructions issued by the Railway Board in RBE 102/2017. The applicant submits that the said order is arbitrary and contrary to the rules as the respondents ought to have seen that she was residing with the pensioner since 2012 and she is totally depending on her mother/pensioner. It is also a fact that she filed maintenance petition as per Hindu Marriage Act, even before the death of her mother which establishes that the action was initiated against her husband even before the death of her mother. The respondents ought to have considered that the pension is beneficial legislation and it has to be interpreted liberally to the benefit of the employee. The instruction issued in the year 2017 has no application to the case of the applicant as the cause of action arose in the year 2016 and the same cannot be given retrospective effect. The Pension Rules framed under Article 309 of the Constitution of India and the rules did not impose any restriction on the employees who initiated the divorce petition before the death of the pensioner and instructions cannot override the rules. The respondents have not disputed the entitlement of the secondary family pension by the applica