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CENTRAL ADMINISTRATIVE TRIBUNAL
Justice Akhil Kumar Srivastava, Smt. Mallika Arya, JJ
Samina Parveen – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. factual background of family pension claim. (Para 1 , 2) |
| 2. arguments regarding eligibility for family pension. (Para 3 , 4) |
| 3. court's analysis of family pension rules. (Para 5 , 6 , 7) |
| 4. ratio decidendi on customary divorce validity. (Para 8 , 9) |
| 5. final order granting family pension. (Para 10) |
ORDER
By way of this Original Application, applicant has sought for quashing impugned order dated 15.07.2022 (Annexure A/8) whereby family pension has been denied to the applicant. She further prayed for direction to respondents to pay family pension to her since 22.01.2017 with interest @ 12% per annum for the delayed payment.
2.1 Learned counsel for the applicant contended that as per instructions contained in GI Dept. of Personnel & Pensioners Welfare, Notification No.38/80/2008-P.&P.W.(A) (Part II) dated 8th June 2011, published in the Gazette of India dated 8th June 2011, unmarried or widowed or divorced daughters are entitled for family pension under Rule 54 of the CCS (Pension) Rules, 1972. Accordingly, the Applicant is entitled for family pension after the death of her mother i.e. from 22.01.2017 being divorced daughter fully dependent on and residing with her father
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