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NEUTRAL CITATION

C/SCA/2370/2023 ORDER DATED: 06/04/2026

0.06760722891537574

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 2370 of 2023

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SUSHILABEN D/O LATE MAHIJIBHAI DAHYABHAI ROHIT Versus

UNION OF INDIA & ORS.

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Appearance:

MR PARESH J BRAHMBHATT(9788) for the Petitioner(s) No. 1 MR HARSHEEL D SHUKLA(6158) for the Respondent(s) No. 1,2,3

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CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA and

HONOURABLE MR.JUSTICE J. L. ODEDRA

Date : 06/04/2026

ORDER

(PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)

1. The father of the petitioner was an employee of the Postal

Department, who had retired in the year 2001.

2. After the petitioner’s father retired, the petitioner got

married in the year 2010. However, marital disputes arose and as a result she and her husband dissolved the

marriage by way of a customary divorce on 09.03.2014.

3. About three years thereafter on 02.08.2017, the father of

the petitioner passed away. The mother of the petitioner also passed away within about a month thereafter on

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NEUTRAL CITATION

C/SCA/2370/2023 ORDER DATED: 06/04/2026

0.06760722891537574

08.09.2017, even before she could lay a claim for family

pension.

4. The petitioner, being a divorced daughter, raised a claim

for payment of the family pension on 15.09.2017.

5. To this claim, the Postal Department called upon the

petitioner to produce a decree of divorce granted by the

competent Court by its endorsement dated 10.07.2018.

6. In view of this demand by the Postal Department, the

petitioner proceeded to initiate proceedings for dissolving her marriage formally through the process of Court and, accordingly, on 03.04.2019, a divorce decree was also

granted to her by the Civil Court.

7. Thereafter, the petitioner submitted the decree of divorce

dated 03.04.2019 and sought for payment of family pension. The Postal Department, however, rejected this claim on 14.05.2019 on the ground that she had secured a divorce after her father passed away in 2017, i.e., under the decree of divorce dated 03.04.2019, and, hence, she

was not entitled for payment of the family pension.

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NEUTRAL CITATION

C/SCA/2370/2023 ORDER DATED: 06/04/2026

0.06760722891537574

8. Being aggrieved, the petitioner approached the Central

Administrative Tribunal (CAT). The CAT agreed with the view taken by the Railways and dismissed the application

and as a consequence, the petitioner is before this Court.

9. At the outset, it is to be stated here that the Division

Bench of this Court in Union of India vs. Rekhaben D/O Gopal Bhai N. Parmar decided on 21.12.2021 in Special Civil Application No.1871 of 2021 has settled the proposition of law that the employee of the daughter of the Railway employee who has obtained the customary divorce is a dependent as provided under the rules and would, therefore be entitled for grant of family pension. This judgement of the Division Bench has been accepted by the Railways, inasmuch as no SLP has been preferred to the

Supreme Court.

10. It is also brought to the notice of this Court that two

Division Benches of this Court in SCA No.17517 of 2019 and SCA No.1871 of 2021 have taken a similar view that a customary divorce is an accepted mode of dissolution of marriage and, therefore, the employee of the Railways whose daughter has obtained a customary divorce would

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NEUTRAL CITATION

C/SCA/2370/2023 ORDER DATED: 06/04/2026

0.06760722891537574

be entitled for family pension.

11. In the instant case, it cannot be in disp