CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH, KOLKATA No. O.A. 350/00063/2025 Heard on 06.01.2026 Date of order: 02.02.2026 Present : Hon’ble Mr. Anindo Majumdar, Administrative Member Ratna Banerjee Roy, daughter of Late Kanan Kumar Roy, aged about 57 years, 369/1, M.B Road, Post Office & Police Station – Nimta, Kolkata-700 049.

…….. Applicant. - V E R S U S –

1) Union of India, service through the General Manager, Eastern Railway, 17, Nataji Subhas Road, Kolkata - 700 001.

2) The Divisional Railway Manager, Howrah Division, Eastern Railway, Howrah, Pin-711 101. 3) The Senior Divisional Personnel Officer, Eastern Railway, DRM Building, Howrah Division, Pin-711 101.

……. Respondents.

For the Applicant : Ms. P. Mondal, Counsel Mr. S.K. Bhattacharyya, Counsel For the Respondents : Mr. P.R. Chakraborti, Counsel O R D E R In accordance with the order of the Hon’ble Chairman, Central Administrative Tribunal, dated 10.09.2021 issued under Sub -Section (6) of Section 5 of the Administrative Tribunals Act, 1985, this matter can be taken up by a Bench consisting of a single member. Accordingly, this matter is taken up for disposal by this Single Bench.

2. The applicant has filed this Original Application, seeking the following relief(s):

“a) To issue a mandate upon the Respondents, their men and agents to allow the Applicant family pension after the death of her father Late Kanan Kumar Roy, and mother, Late Namita Roy, who died on 09.05.2022, along with arrear family pension.

b) To issue a mandate upon the Respondents to set aside Memo No. E/23/Settle/Div/PIR/16/22 dated 23.09.2024 passed by Divisional Personnbel Officer -Il for Divisional Railway Manager, Eastern Railway, Howrah and to allow family pension to the Applicant along with all arrears.

c) Any other relief or reliefs as Your Lordships may deem fit and proper.”

Facts of the case

3. The applicant is the daughter of Late Kanan Kumar Roy, a retired employee of Eastern Railway who had expired on 29^th November, 2014. After his retirement from service, Late Kanan Kumar Roy was in receipt of Pension till his death. After his death, his widow, Smt. Hansi Roy (i.e the mother of the applicant) was in receipt of family pension till her death on 9^th May, 2022 (Annexure A-1).

3.1 After the death of her mother, the applicant had submitted an application dated 03/12/22 to the respondent authority seeking grant of Family Pension on the ground that she is a divorced daughter of late Kanan Kumar Roy and had also submitted certain documents along with her application (Annexure A-2)

3.2 The applicant was informed vide letter dated 23/09/2024 issued on behalf of the Divisional Railway Manager, Eastern Railway, Howrah (Annexure A-13) that her prayer for grant of family pension was rejected on the ground that her brother, namely Sri Bhaskar Roy could not be traced by the office of the respondents and hence it could not be ascertained by them as to whether or not he was a physically or mentally handicapped person.

3.3 Aggrieved by the rejection of her prayer for grant of family pension, the applicant has filed this Original Application seeking the relief(s) mentioned at Para 2 above.

4. Heard the Ld. Counsel for the parties and considered the material on record.

5. The submissions made by the Ld. Counsel for their applicants at hearing are summarised below:

5.1 The applicant is a divorced daughter of late Kanan Kumar Roy (the deceased employee). Her marriage with her husband, Shri Ashish Bannerjee which was solemnised on 12.6.87 was dissolved vide decree of divorce dated

3^rd August, 1999 passed by the Judge, Family Court, Calcutta (Annexure A-3)

5.2 The applicant has an elder sister namely Smt. Swapna Chatterjee who is married and a brother namely Shri Bhaskar Roy who is aged about 53 years. Her elder sister, Smt. Swapna Chatterjee had, vide affidavit affirmed in the Court of Ld. Judicial Magistrate, 1^st Class dated 10th August 2022 (Annexure A- 6) declared, inter alia, that she is the wife of Shri Subhash Chatterjee