CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI This the 16^th Day of January,2026 Hon’ble Shri B. Anand, Member (A)

Sushma, (Pension Claimant)

W/o Late Constable Sh. Rakesh, Aged about 51 yrs.

R/o H. No. 270, Surya Nagar, 1st Chandpur Road, Bulandshahar, U.P.

201301 ……Applicant (By Advocate: Mr. M.K. Bhardwaj with Ms. Sakshi)

Versus

1. The Commissioner of Police Delhi Police Headquarters, Jai Singh Road, New Delhi, 110001

2. The Dy. Commissioner of Police, North East District, Delhi-110032 …Respondents (By Advocate : Mr. S.N. Verma)

ORDER (ORAL)

The applicant herein has approached this Tribunal under Section

19 of the Central Administrative Tribunal Act, 1985, seeking the following reliefs:-

“i) To quash and set aside the impugned order/letter dated 26.05.2022 and direct the respondents to restore the Family Pension of applicant with all arrears of pay.

(ii) To declare the action of respondents in stopping the pension of applicant as illegal and unjustified and pass appropriate consequential directions.

(iii) To allow the OA with cost.

(iv) To pass such other and further orders which their lordships of this Hon'ble Tribunal deem fit and proper in the existing facts and circumstances of the case.”

2. The brief facts of the case are that the applicant was married to late Shri Rakesh Kumar, who was serving as a Constable in the Delhi Police and who died in harness on 30.11.1993. He left behind the applicant, his widow, who was at that time pregnant and child carrying of about seven months. Subsequent to the death of her husband, the applicant was in receipt of family pension. In the meantime, the applicant remarried on 04.03.1995 to one Shri Pramod Kumar, who is the brother of her deceased husband, i.e., her brother-in-law.

3. The applicant gave birth to a son, Sanjay, from her wedlock with her first husband, late Shri Rakesh Kumar. The said son was later granted appointment as a Head Constable in the Delhi Police on compassionate grounds. It is also an admitted position that the applicant was in receipt of family pension after the death of her first husband and continued to receive the same till the date of her remarriage, whereafter the family pension was discontinued in terms of the applicable rules.

4. It is further evident from the record that the son of the applicant also received family pension till the year 2020 when he became ineligible under the rules, having been granted a job as a Head Constable (Ministrial) on compassionate ground.

5. The applicant submitted a letter dated 20.01.2022 and had sought consideration of family pension after remarriage; however, the same was denied on the ground that there is no provision under the CCS (Pension)

Rules, 1972 for grant of family pension to a widow after remarriage.

6. The applicant has now by way of filing the OA sought grant of family pension by placing reliance on the DoPT Office Memorandum dated 01.04.2011, particularly paragraph 2, reads as under:-

“As per the provisions of para 8.6 of the ibid O.M., the childless widow of a deceased Government employee shall continue to be paid family pension even after her remarriage subject to the condition that the family pension shall cease once her independent income from all other sources becomes equal to or higher than the minimum prescribed for family pension in the Central Government.”

7. Learned counsel for the applicant submits that the said Office Memorandum is a progressive and welfare-oriented policy framed keeping in view the hardships faced by widows of deceased Central Government employees, many of whom remarry due to social and familial pressures. It is further argued that since the said Office Memorandum allows grant of family pension to childless widows even after remarriage, similar benefit ought to be extended to the present applicant.

8. Learned counsel submits that the applicant, having discharged all parental responsibilities towards her son—who has since grown up and secured compassionate appointment—stands on a footing