Family pension precedence for elder widowed daughter over unmarried daughter requires proof of dependency; absent such proof despite opportunities, pension granted to nominated dependent unmarried daughter per pensioner's lifetime request. (28 words)

ORDER

Hon’ble Dr. Amit Sahai, Member (A)

1. Being denied family pension to the applicant as surviving unmarried daughter by the respondents vide order dated 03.10.2022 (Annexure A/1) and 06.07.2022 (Annexure A/2), the applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 for setting aside these orders and to grant her the family pension of her deceased father.

2. The facts in brief to adjudicate the case are as under:-

3. This is the second round of litigation. The first OA No.156/2022, was disposed of by this Tribunal on 11.08.2022, at admission stage, directing the respondent No.3 to appoint a welfare officer to find that the applicant is same unmarried daughter, who was nominated by the deceased employee for grant of family pension after his death, and if so then it may be released to the applicant as per rules in force.

3.1 The applicant is unmarried daughter of Late Shri Chunni Lal Purbia, who retired from the post of Office Superintendent, Diesel Shed, Abu Road, District Sirohi 30.11.1995, and he was issued revised PPO dated 10.10.2020. Shri Chunni Lal Purbia expired on 27.04.2020 whereas the mother of the applicant had already expired on 02.06.2013.

3.2 The father of the applicant during his life time had submitted an application dated 30.04.2018 (Annexure A/4) to the respondent no.2 followed by another application dated 14.06.2018 requesting for inclusion of his unmarried daughter Miss Pushpa’s name, who is dependent on him as the recipient of family pension on his death. The respondent no.2, did not take any action during the life time of the deceased, but after his death vide letter dated 08.10.2020 (Annexure A/5) respondent no.3 acknowledged the receipt of the application of the deceased dated 30.04.2018, for inclusion of his unmarried daughter’s name in the revised PPO as a recipient of the family pension. Furthermore, through this letter they declined his request stating that Shri Chunni Lal Purbia expired on 27.04.2020 whereas, his wife is already dead, and as per rules, the name of his unmarried daughter cannot be included in the revised PPO at this stage. However, since the applicant vide her request dated 19.05.2020, the grant of family pension would be considered after examination of all facts of the case.

3.3 The respondent accordingly deputed a welfare inspector to inquire into the request dated 19.05.2020 made by the applicant with all relevant facts on the matter. He demanded from the applicant several documents vide his letter dated 29.09.2020 (Annexure A/6) such as death certificates of her father and mother, copy of ration card, copy of Aadhar card, Photo identification marks of body of her father, PPO, Bank pass book details, detail of family members, unemployment certificate declaration as regard to being unmarried/divorced/widow, certificate from two neighbours, Notarised NOC from each of the living siblings, PAN card, etc.

3.4 The details of the applicant’s family members i.e. the family of Late Shri Chunni Lal Purbia are as under;-

3.5 As averred by the applicant the families of her deceased brothers are living separately since their marriage. Smt. Kanta and Smt. Sunita elder sisters of the applicant are married. The husband of Smt. Kanta expired after the death of father and mother of applicant and she is getting pension from Armed Forces. The husband of Smt. Sunita expired althoug