CENTRAL ADMINISTRATIVE TRIBUNAL
Kamla Kumari – Appellant
Versus
West Central Railway – Respondent
O.A./578/2023
Open Court CENTRAL ADMINISTRATIVE TRIBUNAL ALLAHABAD BENCH ALLAHABAD *********
Original Application No. 578 of 2023 Allahabad this the 26th day of April, 2025 Hon’ble Mr. Rajnish Kumar Rai, Member-J Kamla Kumari, Aged about 61 years, Daughter of Late Bhagwan Singh, Resident of 1321, Sector-8, Awas Vikas Colony, Bodla, District - Agra.
Applicant By Advocate: Shri Ashish Srivastava Vs.
1. Union of India through General Manager, West Central Railway, Jabalpur.
2. Chief Personnel Officer, West Central Railway, Jabalpur.
3. Divisional Railway Manager, West Central Railway, Kota Division, Kota (Rajasthan).
Respondents By Advocate: Mr. Raj Pal Singh
O R D E R
Shri Ashish Srivastava, counsel for the applicant and Shri Raj Pal Singh, counsel for the respondents are present and heard.
2. The applicant is claimed to be the daughter of Late Bhagwan Singh who was working as Loco Shunter under Kota Division of West Central Railway and retired on 31.12.1994.
3. The facts of case, as per pleadings in O.A., are that the mother of MANISH MEHROTRA applicant was died on 25.01.1970 and after retirement, on 28.07.2010 the father of applicant declared that he is the pensioner and his daughter Kamla Kumari (applicant) whose date of birth is 14.02.1962, born from first wife Kishuni Devi, is dependent upon him being a patient. Accordingly, her name be included in the record for purpose of grant of family pension to here, after his death. Counsel for the applicant submitted that since the father of died on 08.01.2018, therefore, the applicant made an application on 17.01.2019 for grant of family pension. However, till date the family pension has not been sanctioned though the respondents have communicated the demanded query along with certain letters with regard to family declaration, income certificate, ration card etc. Counsel for the applicant contended that from the record of respondents, it is evident that as per Form-6 under Family Pension Scheme, 1964, the family so declared reads as under: -
Accordingly, submission of counsel for the applicant is that this document pertains to the year 1994 from which it is evident that both the wives have been expired and the applicant is the sole dependent upon the deceased employee. In view of such submission and application made by father of the applicant on 28.07.2010 and the affidavit dated 20.07.2010 regarding inclusion of name of Kamla Kumari for the purpose of family pension has to be considered by the respondents while the respondents’
Sm t . Kishuna Devi
Wife- I
Expired on 25.01.1970
Sm t . Kalawat i Devi
Wife- I I
Expired in 1992
Devendra Kum ar
Son
20 years
Raj endra Kum ar
Son
18 years
Kam la Kum ari
Un m arried Daught er
34 years
authorities have not considered the same till date.
4. Counsel for the respondents submitted that after the receipt of application for family pension from the applicant, several communications MANISH MEHROTRA have been made by the respondents’ department with regard to grant of death certificate of both the dead wife(s) of deceased employee as well as documentary evidence with regard to ration card, income certificate, family declaration as well as declaration with regard to one sister Smt. Sushma. Counsel for the respondents further submitted that if the applicant supplied all the requisite/sought documents, then in such situation, case of the applicant for family pension will be processed as per relevant rules.
5. Considering the submission of counsel for the parties, it is evident from the perusal of Form No. 6 (annexure A-5) that on 22.09.1994, the deceased employee Late Bhagwan Singh has himself declared the family status hence, the respondents have the knowledge about two wife(s) of the deceased employee that they have expired before the death of Late Bhagwan Singh and applicant is the sole dependent as declared by her father through affidavit dated 20.07.2010. In view of such facts, no further process is required for grant of family pension even it is expected fr