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CENTRAL ADMINISTRATIVE TRIBUNAL

GUWAHATI BENCH

Original Application No. 040/00015/2024

Date of order: This, the 30th day of January 2026

HON’BLE MR. SANJIV KUMAR, ADMINISTRATIVE MEMBER

Ms. Bindu Gowala, aged about 38 years

D/o Late Prabhulal Gowala

Resident of Hojai Railway Colony

P.O. – Hojai, District – Hojai

Assam, Pin – 782435.

…Applicant

By Advocate: Shri H.K. Das

- Versus -

1. The Union of India

Represented by the General Manager

N.F. Railway, Maligaon, Guwahati-11.

2. The General Manager

N.F. Railway, Maligaon, Guwahati-11.

3. The General Manager (P)

N.F. Railway, Maligaon, Guwahati-11.

4. The Divisional Railway Manager (P)

N.F. Railway, Lumding.

5. The Senior Divisional Personnel Officer

N.F. Railway, Lumding Division, Lumding.

…Respondents

By Advocate: Shri R. Hazarika, Addl. CGSC

Date of Hearing: 28.01.2026 Date of Order: 30.01.2026

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ORDER

PER MR. SANJIV KUMAR, MEMBER (A):

By this O.A, applicant makes a prayer for direction

upon the respondents to release family pension, death-

cum-retirement gratuity, GPF benefits, GIS benefits, leave

encashment benefits and other death-cum-retirement

benefits with an interest of 18% on the accrued amount

with all consequential benefits.

2. Facts of the case are that the applicant is a

divorced dependent daughter of late Kusum Gowala, who

was working as House Keeping Assistant/HI in the Medical

Department, N.F Railway, Lumding and expired on

13.01.2023 while in service. According to the applicant, she

married in the year 2002 and has 2 (two) daughters. Due to

alleged physical/mental torture by the husband/his family

members, she left the matrimonial home with her 2 (two)

daughters and started living with her mother in the year

2013. It is stated that an agreement of mutual divorce was

executed on 10.10.2022 with the stipulation that both the

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daughters will be with the applicant. As the applicant is a

divorcee and entirely dependent to her mother as her

husband did not pay for her maintenance, her name was

included in family declaration of her late mother. She

submitted representation on 13.10.2023 for release of final

settlement of dues of her mother after her death as well as

family pension. The applicant also personally visited the

office of the respondents to enquire about any progress

made in the matter of settlement of her late mothers'

family pension and other dues. However the applicant was

sent back with the unprecedented explanation that since

the applicant is a divorcee after the date of death of her

mother, therefore the applicant is not entitled for family

pension, thereby effectively rejecting the applicant's claim

of family pension which violates the Railway Services

(Pension) Rules, 1993.

3. The respondents have submitted that as per

DOP&PW OM dated 19.07.2017 (Annexure-R/2) as the Title

Suit for divorce was filed after the death of Kusum Gowala

and Decree of Divorce was passed thereafter on

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20.06.2023, therefore, applicant is not entitled to get family

pension as per said OM. The said OM has been adopted

by the Railways vide Circular No. 102/2017 issued by the

Railway Board vide Circular No. F(E)III/2007/PN1/5 dated

23.08.2017.

4. During argument, Shri H.K. Das, learned counsel

for the applicant has stated that respondents have not

implemented the following OMs:

(i) Rule 75(6)(iii) of the Railway Service

(Pension) Rules, 1993.

(ii) DOP&PW letters dated 11.10.2006

(iii) Railway Board’s letter dated 13.10.2006.

(iv) Railway Board’s letter dated 18.09.2007

and

(v) Railway Board’s letter dated 15.09.2008.

5. Learned counsel for the applicant further has

drawn my attention to the OM dated 19.07.2017 enclosed

by the respondents in their written statement as Annexure-

R/2, particularly para 6 which reads as follows:

“6. The matter has been examined in this

department in consultation wit