Family pension to widowed daughter denied due to failure to prove relationship and dependency through consistent documents amid name discrepancies; ex-parte decree not binding; claim barred by limitation and non-joinder.

ORDER

PER HON‟BLE MRS. SHALINI MISRA, ADMINISTRATIVE MEMBER

The applicant has filed this OA seeking the following relief:

“To direct the respondents to grant and release the family pension to the applicant being only eligible person to get secondary family pension as she is fully dependant on her mother and pay all the arrears of family pension to the applicant from the date of death of her mother 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 brief facts of the case, according to the applicant, are that her mother late S.Sannayamma got superannuated on 31.07.2003 and was given PPO No.59041111482 SPL Track woman/SSE/PWAY/N/O/BZA. While her mother was alive, her husband Sri T.Adinarayana died on 20.06.2011,and therefore for her livelihood, she came to her parental home and was living with her mother.

3. The applicant has submitted that her mother being retired pensioner, died on 15.12.2013. She made an application to the respondents on 18.08.2014 for grant of family pension for which a reply vide letter no.B/P 500/SEP/ 430/T.Annapurnamma, dated 17.09.2014, was received wherein she was advised to submit the following documents:

“(i) Death certificate of the Pension/Family Pensioner;

(ii) Certificate of age showing your date of birth. The certificate should be from Municipal authorities or local Panchayat or from the head of a recognised school, where you have studied or any other document that establishes the relationship of the claimant with the deceased employee/pensioner and contains your date of birth.

(iii) A certificate from Revenue authorities showing family composition of the ex-employee, including the names of those deceased if any with their marital status, age etc.

(iv) Any document showing your earnings, earned through employment in private/public sectors or self employment, your financial status, possession of movable/immovable assets etc.

(v) A declaration by way of an affidavit that there are no other surviving members who may have prior entitlement for family pension, available. For this purpose documents such as marriage/death/income certificates of the other family members which may be essential in a given situation can be submitted.

(vi) Certificate of non-employment and non-remarriage certificate which are self signed and attested by a Gazetted officer with photo identification.

(vii) Marriage certificate, or any other document in proof of your marital status and death certificate of your husband.”

In pursuance of the above directions of the respondents, she had applied for dependent certificate from the competent authority and the Tahsildar, Vijayawada Urban, issued the dependent certificate dated 10.12.2014, wherein she was shown as the daughter of Smt.S.Sannayamma, who died on 15.12.2013, and her two children namely S.Chinna Rao and S.Satyarao, were also expired and the following are the surviving members of the deceased family:

1. S.Tata Rao, son, 58 years;

2. Smt.T.Annapurnamma, w/o late Adinarayana, daughter, age 53 years and widow;

3. S.Gurumurty, son, 45 years;

4. Smt.Alampally Durga, daughter, 40 years, married;

It is also stated in the said letter that all the above persons were married, and the persons at Serial nos.1, 3 and 4 are residing with their marital families and the person at Serial No.2 Smt.Tatipudi Annapurnamma after the death of her husband Sri Tatipudi Adinarayana on 20.6.2011, took shelter of her mother, and she is an unemployee, income less and d