A son or daughter adopted by the widow of a deceased government servant after the servant's death is not eligible for family pension, as the definition of 'family' under the pension rules requires a dependence nexus established during the government servant's lifetime.

ORDER

(By Hon’ble Mr. Justice Om Prakash VII, Member (Judicial)

Ms. Saumya Mandhyan, learned counsel for the applicant and Shri Bashist Tiwari, learned counsel for the respondents, were present at the time of hearing.

2. The instant original application has been filed by the applicant seeking following relief:

“(i) to issue a writ, order or direction in the nature of Certiorari, holding Rule 75(19)(b)(iii) arbitrary, discriminatory and irrational and quashing the impugned orders dated 25.07.2011, 09.08.2011 and 03.01.2012 passed by the Respondent Nos. 3, 4 and 1 rejecting the claim of the petitioner for grant of family pension (Annexures – A-1, A-2 & A-3 respectively to Compilation No. ‘I’ of this petition)

(ii) to issue a writ, order or direction in the nature of Mandamus directing the Respondent Nos. 1, 2 & 3 to allow the benefit of family pension to the petitioner with effect from 28.10.1996 (his mother Late Nirmala having died on 27.10.1996 while receiving the family pension) till he attains the age of 25 years i.e. 18.06.2016 with arrears thereof together with interest thereon @ 12% per annum, within a period a period as may be fixed by this Hon’ble Tribunal.

(iii) to issue any other suitable writ, order or direction in the facts circumstances of the case which this Hon’ble Tribunal may deem fit and proper.

(iv) to award cost of the petition in favour of the petitioners.”

3. The brief facts of the case as narrated in the OA are that the applicant is challenging the order dated 25.07.2011 passed by the respondent no 3, order dated 09.08.2011 passed by the respondent no 4 as well as the clarification given by the respondent no 1 vide letter dated 03.01.2012. By way of the aforesaid orders, the respondents have refused to grant the petitioner the benefit of family pension holding him ineligible for the same on the ground that the son adopted after the death of the Railway servant by the widow cannot be treated as the member of the family of the deceased Railway servant. The Respondent no 1 vide its clarification dated 03.01.2012 has clarified and rejected the claim of the petitioner on the ground that there are no instructions for grant of family pension to the child adopted legally by the spouse of the Railway servant / pensioner after the demise of the Railway servant / pensioner. By way of this OA, the applicant has claimed that the extant Rule entitles the child adopted legally by the spouse after the death of the Railway Servant to get the benefit of family pension and all the orders of the Respondents are misconceived and unlawful. Thus, the applicant seeks quashing of the impugned orders thereby directing the competent authority of the respondents to allow the benefit of family pension to the petitioner w.e.f. from 28.10.1996 (his mother Late Nirmala having died on 27.10.1996 while receiving the family pension) till he attains the age of 25 years i.e., 18.06.2016 with arrears thereof together with interest thereon @ 12% per annum.

Counter has been filed by the respondents wherein it has been stated that the case of the applicant was considered in light of extant rules and provisions and since the applicant was not found eligible to be considered for conferment of family pension, his case was rejected.

4. We have heard learned counsel for the parties and perused the records.

5. Learned counsel for the applicant submitted that the applicant is the adopted son of the deceased employee namely Betali (died on 17.04.1995). The employee had died working in the respondents department during service period leaving behind his widow namely Nirmala, a son