CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH, HYDERABAD ORIGINAL APPLICATION NO.020/00217/2023 ORDER RESERVED ON 01.12.2023 DATE OF ORDER: 18.04.2024 CORAM:

HON’BLE MRS. SHALINI MISRA, ADMINISTRATIVE MEMBER G.Koteswaramma alias G.Ammaji D/o. Lakhmanaswamy (Late)

Aged 51yrs, H.No.2-326, Railpet Chennakesavanagar, Duggirala-522330 Guntur District.

Mobile 9246494425 Email ID ganesulatr@gmail.com …..Applicant (By Advocate Sri G.Trinadha Rao)

Vs.

1. Union of India rep by the General Manager South Central Railway, Rail Nilayam

3^rd Floor, Secunderabad – 500 025.

2. The Divisional Railway Manager Vijayawada Division South Central Railway Vijayawada.

3. The Senior Divisional Personnel Officer Vijayawada Division South Central Railway Vijayawada. ….Respondents (By Advocate Smt.K.Rajitha, Senior Panel Counsel for Central Government)

O R D E R

PER HON’BLE MRS. SHALINI MISRA, ADMINISTRATIVE MEMBER The applicant has filed the present OA with a prayer to set aside the proceedings dated 03.02/03.2020 and to direct the respondents to sanction family pension in her favour from the date of death of her mother with interest at 18%

with all consequential benefits of payment of arrears of pension.

2. Brief facts of the case are that the applicant is the daughter of Railway employee late G.Lakshmana Swamy who had superannuated on 30.04.1977 while working as Shunting Jamadar in Railways of Vijayawada. He was granted with pension and on his death, his wife Smt.Varahalamma was granted with family pension. Later she also died. At the time of execution of family declaration, the Railway employee had declared one minor son and three unmarried daughters out of which two are minors. Prior to the execution of family declaration during 1977 one eldest daughter already died. After giving declaration one son namely Satyanarayana died. Unfortunately owing to Corona Pandemic during 2020-2021 two sons by name G.Chinna Rao and G.Arjuna Rao also died on 7.5.2021 and 17.04.2020 respectively after executing the affidavit during the year 2018 giving no objection for grant of secondary family pension in favour of the applicant who is unmarried dependent daughter with no source of income. Thus the family composition as of now consists of the applicant and two married daughters of the deceased Railway employee. Applicant having come to know that she was entitled to family pension on the death of her mother had submitted representation dated 6.2.2019 to the 3^rd respondent duly enclosing all the requisite documents along with Form No.10. She has also submitted an affidavit duly executed by all the family members on 28.06.2018 indicating no objection for grant of family pension to the applicant. But the said representation did not invoke any response. In terms of Railway Board’s proceedings in RBE No.116 of 2007, dependent unmarried daughter beyond 25 years of the age shall also be eligible for family pension at par with widowed/divorced daughter subject to other conditions being fulfilled. Further as reiterated and provided in RBE No.69 of 2011 unmarried daughters of Government servant/pensioner beyond the age of 25 years are eligible for family pension even if their names do not appear in the details of family members submitted by the Government servant/pensioner to the Head Office from where he had retired and the same is payable only after the other eligible children below the age of 25 years have ceased to be eligible to receive the family pension and that there is no disabled child to receive the family pension. In the case on hand, the applicant fully fulfils the aforesaid conditions and hence entitled for secondary family pension on the death of her mother. Feeling aggrieved by non-consideration of her representation, the applicant filed OA.No.846/2019 which was disposed of by this Tribunal directing the respondents to dispose of the representation of the applicant within a time frame. In compliance to the said direction of this Tribunal, the respondents considered the repre