Family pension payable to eligible unmarried children in birth order post-pensioner’s death per CCS (Pension) Rules 2021 Rule 50(9); administrative delays in settlement despite representations entitle claimants to arrears with 8% interest.

ORDER

PER : NARENDRA KUMAR JOHARI, MEMBER (J):

In brief the case of the applicant is that the father of the applicants was working as regular class IV employee in Bharat Sanchar Nigam Limited (BSNL), Dumka who died on 18.08.2009 KUMARNJAN SINHA KUMAR leaving behind his widow Chanda Devi, two sons Amit Anand and Himesh Anand and five daughters, Bharti Kumari, Aarti Kumari, Pushpalata Kumari @ Jhannu Kumari, Mamta Kumar and Asha Kumari. After the death of Indradev Das, the family pension was sanctioned to his wife Chanda Devi w.e.f 18.08.2009 and during her lifetime Chanda Devi has sent representations on 05.02.2015 and 25.09.2017 to the competent authority to include the name of her three more children as they are also dependent on her and _ their names were not mentioned in the pension book having PPO No. TA/PAN/DMK/83 dated 04.11.2010, but no action was taken place by the authorities concern on her above representations. On 11.12.2022, the aforesaid Chanda Devi had died. Thereafter the family pension of the deceased family was stopped.

2. After the death of her mother the applicant Mamta Devi for herself and on behalf of her brothers and sisters submitted her representation dated 02.01.2023 alongwith supporting documents and with prayer to include the name of her Sisters and brothers in the pension paper and to continue the family pension in her favour.

It is to be mentioned that the daughter of late Indradev Das namely Bharti Kumari was married and his son Amit Kumar (applicant no.6) had already crossed the age of 25 years therefore they were not claiming the family pension. Again Vide representation dated 16.01.2023 the applicant no. 3 submitted the grievance by including MANORD 2” his names, date of birth and relevant proof in support of his claim she again requested to include the name of other daughters and sons of late Indradev Das and to start the family pension in favour of applicant no.1 as she is able to maintain her brother and sisters as the applicant and her sisters and brother are unmarried and applicant no. 5 has not crossed the age of 25 years. But neither the names of eligible applicants were including in the pension papers nor the family pension could be resumed. Therefore , the applicant filed the O.A. No. 217/2023 but due to some technical reason the applicant expressed her intention to withdraw her aforesaid O.A with liberty to approach the Opposite Parties/Competent Authority for redressal of the grievance regarding family pension. Accordingly, the Tribunal vide order dated 12.04.2023 passed the order to withdraw the Original Application with aforesaid liberty to applicant, and the O.A. No. 217/2023 was disposed of by this Tribunal.

3. Thereafter, the applicant no.1 has submitted her detailed representation dated 19.06.2023 to the authority. Subsequent to aforesaid representation, the applicant no. 1 again sent her representation dated 07.07.2023 to the Assistant Sub General Manager (Administration) O/o the General Manager, Telecom (B.A.) BSNL Dhanbad . In reply, the Accounts Officer (Pension) Office of the CCA, Ranchi wrote the letter to applicant no.1 acknowledging the receiving of her representation dated 19.06.2023 and directed the applicant no.1 to keep liaisoning alongwith office of GMTD, MANORD 2” Dhanbad for settlement of her family pension in respect of eligible family members. Thereafter the applicant no. 1 vide her letter dated 26.07.2023 to the Accounts Officer (Pension) Jharkahnd Circle Ranchi requested to do the needful. Again vide her lett