The tribunal mandated accurate representation regarding marital status for eligibility to pensions, emphasizing adherence to procedural rules.

ORDER

PER HON’BLE MRS. SHALINI MISRA, ADMINISTRATIVE MEMBER

The applicant has filed this OA seeking the following relief: “To quash and set aside the letters Nos.(1) SCR/P.SC/673/SFP/644/2023, dt. 17.07.2023, (2) SCR/P- SC/673/SFP/644/2023, dt. 05.12.2023, (3) SCR/P- SC/673/SFP/644/2023, dt. 12.12.2023 (Annexure.A-1) by directing the respondents to pay secondary family pension with arrears along with all attendant benefits from 15.05.2021 (from the date of death of her father) with interest @ 18% till the date of payment and to pass such other order ororders as this Tribunaldeems fit and proper in the interest of justice and fairness.”

2. The brief facts, according to the applicant, are that her father late Sri Y.Sambasiva Rao, joined in the Railways, and retired as Junior Engineer-Gr.I on 31.07.2002, on attaining the age of superannuation with Basic pay Rs.7600/- in Scale of Pay Rs.5500-9000/-. As per the Family Composition Certificate dated 01.03.2024, issued by the Tahsildar, Khammam (Urban), late Sri Y.Sambasiva Rao, is having two daughters (elders) with names (1) Pothukuchi Vani, aged 57 years, married, (2) Dasari Rama Devi, aged 55 years, married, divorcee (applicant herein) and one son by name Maruthi Ram. She is the second daughter to her parents. Her father Sri Y.SambasivaRao, died on 15.05.2021. Her mother Smt.Y.Venkata Lakshmi, w/o late Y.Sambasiva Rao, who had worked as Teacher in the Railway School, Dornakal, also died while in serviceon 08.06.1996. After the death of her mother, her father developed a living relation with one lady by name Ms.Shantha. He had no children through her. At the time of superannuation, her father had requested the respondent- department to include her name in the Railway records for post-retirement complementary pass facility, and Railway Medical facility as his wife. The respondents, without verifying the facts, included her name in the Railway records as his wife for Complementary Pass and Medical facilities. However, the family pension was not granted to Smt.Shanta, since she was not the legally wedded wife of Sri Y.SambasivaRao, (the applicant’s father). Therefore, she had requested the respondents for grant of secondary family pension to her as a divorced/widowed daughter of Sri Y.SambasivaRao. In the meanwhile, Smt.Shantha, died on 29.10.2022. In the death certificate of Smt.Shantha, she was shown as the wife of Sri Y.SambasivaRao based on the information furnished by her family members to the Municipal authorities for issuance of the death certificate, though she was not his legally wedded wife.

3. The applicant has further submitted that her marriage was solemnized on 09.09.1988 with DasariYadagiri, a Government employee in the Sub- Registrar’s office, Yellandu, under Special Marriage Act, 1954, and out of the wedlock, she was blessed with three daughters viz., (1) Lavanya, DOB 10.05.1990, (2) Madhuri DOB 28.06.1991, (3) D.Neeraja, DOB 15.08.1992. Due to the disputes cropped up between her and her husband after birth of the third girl child, she had decided to break the wed-lock and filed O.P.No.493 of 1997, which was allowed by order dated 21.08.1997. After divorce, her became dependent on her father and residing with him and her name was also included as divorced daughter in the Railway records, and in the Certificate dated 26.04.2024, issued by the Tahsildar, Khammam, it was certified that “At present, she is not re-married after divorce from her husband”. She has submitted that as per the said certificate, she is dependent on her father till the date of death of her father, and she is starving and struggling for