CENTRAL ADMINISTRATIVE TRIBUNAL AHMEDABAD BECH Original Application No. 332/2021 Dated this the 26th day of April, 2024 Reserved on: 17.04.2024 Pronounced on: 26.04.2024 CORAM:

Hon’ble Shri Umesh Gajankush , Member (J)

1. Faridunnisa I. Pathan Daughter of Ismalkhan Pathan Female, aged about 54 years, 32, Nutan Gandhi Smruti, Co.op, Society ltd. Maktampura, Juhapura, Ahmedabad – 380 055 … Applicant (By Advocate Mr. P H Pathak)

V/s.

1. Chief Post Master General Gujarat Circle, Khanpur, Ahmedabad – 380 001.

2. Assistant Director of Postal Services, (Ministry of Communication)

Office of the Chief Post Master General, Gujarat Circle, Ahmedabad – 380 001.

… Respondents (By Advocate Mr. H D Shukla)

ORDER

Per: Hon’ble Shri Umesh Gajankush, Member (J

1. Present Original Application has been filed challenging the impugned order dated 24.06.2021 (Annexure A/1) whereby respondent department has asked the applicant to furnish decree of divorce from court of law for issuance of family pension.

2. Brief facts of the case are as under:-

2.1 Applicant’s later father Mr. Ismalkhan Pathan was working under respondent no.1 i.e., Chief Accountant, Internal Financial Adviser. The father of the applicant retired from service w.e.f. 31.10.1992 and died on 27.11.2010. The father of the applicant was granted pension. After death of the father, the widow mother Smt. Merajibibi Pathan was granted family pension. The mother of the applicant also died on 28.04.2021. Applicant was residing with the mother. She married in 1998 and got divorce w.e.f. 11.11.2001 as per Muslim Law. Applicant was divorced during the lifetime of his father. The father of the applicant had requested the authority to add the name of applicant as a dependent for payment of family pension.

2.2 Respondent department vide letter dated 09.06.2005 called for certain documents as required by Directorate, New Delhi (Annexure A/2). Applicant’s late father vide letter dated 03.09.2005, supplied the documents, which were received by respondents authority on 06.09.2005 (Annexure A/3). The request of the father of the applicant was accepted by the Account Officer, Postal Department, Nagpur and in the year 2006, a specific endorsement was made stating that “family pension would be admissible to daughter Faridunnisa (divorced daughter) after the death of Smt. Merajibibi (Annexure A/4). During the life time, the mother was getting family pension and the name of the applicant was included as family member by the Account Office (pension) of the respondents. Copy of last PPO showing details of revised family pension is annexed at Annexure A/5. Even the name of the applicant, being dependent, was included in index card issued by Ministry of Health and Family Welfare under CGHS Scheme (Annexure A/6).

2.3 After the death of the mother, the applicant had requested the respondents to sanction family pension to her (Annexure A/7) but no steps were taken by the respondents and the applicant is denied family pension. On the contrary, the office of respondents conveyed vide impugned letter dated 24.06.2021 (Annexure A/1) to submit decree of divorce issued by the competent court during the lifetime of one of the parents. Thereafter, the applicant sent an advocate notice on 09.07.2021 (Annexure A/8) to the respondent department but no reply was given by the respondents. Aggrieved by the same, applicant has approached this Tribunal praying to quash and set aside the impugned order dated 24.06.2021 (Annexure A/1) and direct the respondent to pay family pension.

3. Per contra, respondents have filed their reply denying the contentions raised by the applicant.

3.1 It is submitted that late Shri I H Pathan, Ex. CAO & IFA O/o CPMG, Ahmedabad retired on 31.10.1992 and expired on 27.11.2010 and his spouse also expired on 28.04.2021. Therefore, Ms. Faridunisa I Pathan – Applicant herein, the divorcee daughter submitted an application dated NIL (received on 20.05.2021 in Office of Chief PMG, Ahmedabad) to commence family pension, which