Divorced daughter ineligible for family pension if divorce proceedings initiated and decree obtained after parent's death; customary dissolutions like Muthalika invalid without court decree or proven custom under Hindu Marriage Act.

ORDER

(Hon'ble Ms. Veena Kothavale, Member(J)

Applicant has filed this O.A. under Section 19 of the Administrative Tribunal nd Act seeking to quash the order of the 2 respondent dated 02.09.2019 and to direct the respondents to grant family pension to the applicant on humanitarian grounds.

2. It is stated by the applicant that her father P. Gopal, while working as Gangman in Palghat Division, Southern Railway, died on 10.01.2013. The applicant's mother (Sali) had predeceased him on 30/07/2012. Applicant had married one Anbalagan on 22.09.1986 and begot a male child. Subsequently, due to some misunderstanding, her husband deserted her and her child and executed written Muthalika on 04/05/1994 in favour of applicant. Since then, the applicant has been living with her parents till their death. Applicant had obtained the Deserted Women Certificate on 19.06.1996 from Tashildar, Pappireddipatty. The applicant also had residential certificate from the Tashildar, Pappireddipatti that she was residing at her parent's address.

3. Applicant further states that she is doing daily wages work and running her family. After the death of her father in January, 2013, applicant had applied for family pension in March 2013. Even-though the applicant submitted Muthalika and Deserted Women Certificate to the respondents, family pension was not given. As per the direction of respondents, applicant submitted a petition for divorce before the Sub-Judge, Harur, wherein the order dated 29.04.2016 was passed for dissolution of applicant's marriage. Thereafter, the applicant again applied for family pension on 13.04.2017 with all required documents. However, vide proceedings dated 25.05.2017, the respondent rejected the claim of the applicant for family pension on the ground that applicant had obtained divorce through Court only on 29.04.2016 which is against the rule as provided in RBE No.99/2013.

4. Aggrieved by the same, applicant filed O.A. No.349 of 2019 before this Hon'ble Court seeking to set aside the proceedings and to consider her for family pension. By order dated 19.03.2019, this Tribunal gave directions to the respondents nd to conduct enquiry and pass a reasoned and speaking order. Accordingly, the 2 respondent passed the impugned order dated 02.09.2019 rejecting the applicant's claim stating that applicant had filed divorce petition on 21.03.2016 and got ex parte decree only on 29.04.2016. Being aggrieved, applicant has filed this OA.

5. The counsel for the applicant submitted that during 2013, immediately after the death of her father, the applicant had submitted application for family pension alongwith Muthalika dated 04/05/1994, the Deserted Women Certificate dated 19.06.96 obtained from the Tashildar, Pappireddipatti on the basis of Muthalika, and also the certificate issued by Tashildar, Pappireddipatti stating that she is living in her parents house for long period. The applicant is very poor and had no knowledge about the railway proceedings. It was only on the advice of 2^nd respondent that she filed petition seeking divorce from competent court and submitted the same for nd consideration. However, the 2 respondent, without considering these vital documents produced by the applicant, without conducting enquiry with respect to her dependency on her parents during their life ti