Divorced daughter ineligible for family pension unless divorce proceedings filed during pensioner's lifetime per CCS Pension Rules.

ORDER (Oral)

Per Mr. Jayesh V. Bhairavia, Judicial Member:

The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 seeking following relief:-

“a) An Order do issue directing thereby the concerned respondent authority to issue necessary order for disbursement of family pension in favour of the applicant within a stipulated period of time;

b) A direction do issue upon the concerned respondent authorities to produce and/or cause to be produced all records relating to the instant application before the Hon’ble Tribunal for administering conscionable justice and to command them to act strictly in accordance with law;

c) And/orto pass such other or further Order or Orders as to this Hon’ble Tribunal may deem fit and proper.”

2. The brief facts of the case are as under:-

2.1. The father of the applicant, Shri Joydeb Das, who was a regular employee and posted as Junior Telecom Officer, BSNL, Malda, died on 19.05.2008.

2.2. After sudden demise of the father of the applicant, the authority issued family pension in favour of her mother, namely Smt. Kakoli Das vide FPPO No CAA/WBS/FPPO-2002/08-09.

2.3. It is submitted that during the life time of the father of the applicant she was dependent on him. After the death of her father, she got married on 09.12.2012. But after few years of her marriage, due to torture imposed upon her at her in-laws house, she was compelled to return to her paternal house and had accordingly started residing with her mother from 10.05.2018 onwards as a dependent daughter. Subsequently, the mother of the applicant also died on 02.04.2020.

2.4. A Matrimonial Suit No. 49 of 2021 was filed for dissolution of her marriage and the said Matrimonial Suit was allowed by a decree of divorce dated 04.09.2021 (Annexure A/3 refer).

2.5. Thereafter, the applicant submitted a representation dated 07.01.2022 before the Telecom District Manager, BSNL, Malda seeking disbursement of Family Pension in her favour since she had no separate income and her status was that of a divorce woman, who was solely dependent on the income of her mother, when her mother was alive and long before institution of the Matrimonial Suit.

She also submits that the Learned Court of the District Judge, Malda has also recorded in the order dated 04.09.2021 that the applicant had started living separately from the husband since 2019 i.e. prior to institution of the Matrimonial Suit. The said observations in the order dated 04.09.2021 clearly indicates that the applicant was solely dependent on her mother’s income during her lifetime.

2.6. The applicant further states that the AGM (HR & Admin), BSNL, Malda sent a letter vide No. QD-74/FP/2022-23/16 dated 01.04.2022 to the Office of the Controller of Communication Accounts, West Bengal Circle regarding issuance of family pension in favour of the applicant. However, after issuance of such communication family pension has not been disbursed in her favour by the concerned authority.

2.7. The applicant further stated that in the Order dated 04.09.2021 passed in Matrimonial Suit No. 49 of 2021 it has clearly been recorded that the applicant started living separately from her husband on and from 10.05.2018, hence she was fully dependent on her mother’s income, and, as such, she was fully entitled for family pension being a divorcee daughter in terms of Rule 50 (9)(j)(iii) and Rule 50(9) (a)(ii) of the Central Civil Services (Pension) rules, 2021.

2.8. It is also submitted that the applicant had submitted her represen