CENTRAL ADMINISTRATIVE TRIBUNAL AHMEDABAD BENCH O.A. No.423/2024 with MA No.379/2024 This, the 19^th day of February, 2026.

CORAM : Hon’ble Shri Jayesh V Bhairavia, Member (J)

Madhuben Chauhan Divorced daughter of Purshottam Sagram Chauhan and Gangaben Chauhan Age about 61 years Resident of : Block No.501/502, Sidsar Housing Board Nr. Vartej Cross Road, Valukad Road, Bhavnagar – 364 060. ……………………………… Applicant Ahmedab (By Advocate: Ms. Vilas Purani)

Versus

1. Union of India Notice to be served through the General Manager, Western Railway, Churchgate, Mumbai 400 020.

2. Divisional Railway Manager (E)

Western Railway, Bhavnagar Division, Bhavnagar Para, Bhavnagar – 364 003…… Respondents (By Advocate : Mr. H.D.Shukla )

O R D E R (ORAL)

Per : Hon’ble Shri Jayesh V Bhairavia, Member (J)

Considering the grounds stated in the MA No.379/2024 for condonation of delay, the same is allowed and delay caused in filing of the OA is condoned.

2. In the instant OA, the applicant being aggrieved by the inaction on the part of the respondents for granting family pension to the applicant who is the divorced daughter of the late railway deceased employee despite of her name mentioned in the revised PPO dated 15.06.2011 as ineligible member for family pension, has filed the present OA under Section 19 of the Administrative Tribunals Act, 1985 seeking following reliefs:-

“(A). The Hon’ble Tribunal be pleased to declare the impugned inaction on the part of the respondents in granting family pension to the applicant who is divorced daughter of the late railway deceased employee despite of her name mentioned in the revised PPO dated 15.06.2011 as in eligible member for family pension, as illegal, unjust, arbitrary, bad in law and direct the respondents to sanction and start the pension of the applicant from the date of her mother.

Ahmedab (B).Be pleased to declare that the respondents is depriving the applicant the benefits of family pension as divorced daughter despite the applicant is eligible as per the provision of the Rule 75 of the Railway pension rules as well as the OMs and circulars and her case is squarely covered by the decision of the Hon’ble Gujarat High Court in SCA No. 324/2018 dated 10.02.2019. And the impugned inacti on is illegal and without application of mind and direct the respondent no.1 to recover the amount of family pension with 12 per cent interest and pay the same to the applicant and further be pleased to direct the respondent No.1 to recover interest, cost and compensation payable to the applicant from the erring officer.

(C) Be pleased to direct the respondents start paying monthly pension to the applicant as per the PPO dated 15.06.2011 and pay the amount of arrears of pension with 12 % interest.

(D) Any other and further relief as this Hon’ble Tribunal deems fit and proper in the interest of justice be granted.

3. Brief facts of the case as submitted by the applicant are as under : -

3.1 That the applicant herein is the divorcee daughter of the deceased railway employee namely Purshottam Sagram Chauhan who was appointed as Points man on 04.10.1951 and retired from the service w.e.f. 30.09.1991. Thereafter, the applicant got married on 25.02.2000. In the meantime, the father of the applicant got expired on 17.02.2021 and the mother of the applicant was receiving pension. During her marriage life, there occurred frequent fights and quarrel between herself and her husband and therefore, as per customs and rituals, her marriage was dissolved vide customary divorce deed dated 30.07.2005. Thereafter, she lived with her mother and was completed dependable upon her mother and did not re-marry till date.

3.2 As per rules, during the life time of the mother of the Ahmedab applicant, she applied for inclusion of her divorced daughter’s i.e. the applicant in the revised PPO dated 15.06.2011 along with all the required documents such as customary divorce deed documents, school leave documents etc.. Unfortunately, the mother of the applicant expire