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Item No.51 (C-4) O.A. No. 638/2021

CENTRAL ADMINISTRATIVE TRIBUNAL

PRINCIPAL BENCH, NEW DELHI

O.A. No. 638/2021

This the 30th day of January, 2026

Hon’ble Dr. Anand S Khati, Member (A)

Hon'ble Mr. Rajveer Singh Verma, Member (J)

Km. Babita, (Aged about 40 years)

D/o (LR of) late Sh. Daya Nand,

R/o House No. 426, Sunarawal Gali,

Village- Dariapur Kalan, Bawana, Delhi-39.

… Applicant

(By Advocate: Mr. Dipin Chaudhary, Ms. Sejal Kukreja, Mr.

Naman Kapoor)

Versus

1. Delhi Jal Board, (Through its

Vice Chairman/ CEO), Jhandewalan, Delhi .

2. Shri Ajit, S/o late Sh. Dayanand

R/o House No. 426, Sunarawal Gali,

Village- Dariapur Kalan, Bawana, Delhi-110039.

3. Shri Ranjeet, S/o late Sh. Dayanand

R/o House No. 426, Sunarawal Gali,

Village- Dariapur Kalan, Bawana,

Delhi-110039.

… Respondents

(By Advocate: Mr. Tarun Kumar through VC)

=

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Kanika

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Kaushik

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57bbb547981e

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Item No.51 (C-4) O.A. No. 638/2021

O R D E R (ORAL)

As Per: Hon’ble Dr. Anand S Khati, Member (A)

As per the respondents, all retirement benefits have

been released in favour of the applicant. This fact is not disputed

by learned counsel for the applicant. However, learned counsel for

the applicant submits that there was an inordinate delay in the

release of the retirement benefits to the applicant and that no

interest has been paid for such delay.

2. Learned counsel for the respondents submits that after the

death of the employee in 2011, the applicant submitted her

succession certificate in 2013, wherein her name was reflected as

“Smt. Babita,” indicating that she was already married and this

matter was, therefore, subjected to further investigation which led

to the pensionary benefits being released to the applicant in the

year 2023. It is also submitted that there was another claimant,

namely one Smt. Lakshmi Devi, who was claiming to be the

spouse of the deceased employee, who filed RCA No. 84/2014

before the Court of District Judge, Rohini Courts, Delhi where the

applicant in the present O.A. was also a party. Owing to these

competing claims, investigation became necessary, and

consequently, the pensionary benefits were released only in 2023.

3. As per the pension rules, the period for which family pension

is payable shall be as follows:-

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Item No.51 (C-4) O.A. No. 638/2021

“6.(i) subject to first proviso, in the case of

a widow or widower, up to the date of death or re-

marriage, whichever is earlier;

(ii) subject to second proviso, in the case of an

unmarried son, until he attains the age of twenty-

five years or until he gets married or until he starts

earning his livelihood, whichever is the earliest;

(iii) subject to second and third provisos, in the

case of an unmarried or widowed or divorced

daughter, until she gets married or remarried or

until she starts earning her livelihood, whichever is

earlier;”

4. Thus, in the case of an unmarried, widowed, or divorced

daughter is until she gets married or remarried or until she starts

earning her livelihood, whichever is earlier will determine the

payment of family pension. In the present case, learned counsel

for the applicant contends that interest should be paid from the

date of death of the employee in 2011, and if not from 2011 then

from 2015, when the succession certificate was submitted by the

applicant.

5. On the other hand, learned counsel for the respondents

vehemently opposes the claim and submits that the discrepancy

in the succession certificate caused the delay. It is further

submitted that the said objection was removed by order dated

04.03.2017, and the present OA was filed in 2021.

6. Having considered the submissions of both learned counsels and

the pleadings available on record, we are of the opinion that the

applicant, being the unmarried daughter, was entitled to family

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Item No.51 (C-4) O.A. No. 638/2021

pension from an earlier date than 2023, when she ultimately

received the same.

7. In the light of the settled legal position in such matters, we direct

the respondents to release interest at the provident fun