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2025 Supreme(Online)(MP) 3524
HIGH COURT OF MADHYA PRADESH
Justice Sanjeev Sachdeva, J
Sonam Naidu – Appellant
Versus
Union Of India – Respondent
M.P. No. 3192/2022 | M.P. No. 3939/2023
For the Appellants/Petitioners:
For the Respondents:
Eligibility for family pension requires compliance with specific criteria at the time of a parent's death, including the validity of divorce for divorced daughters seeking benefits.
Headnote:(A) Central Civil Services Pension Rules, 1972 - Rule 54(6) - Family pension eligibility - Respondent's claim for family pension as a divorcee daughter was rejected based on eligibility criteria at the time of parental death - Tribunal's order directing reconsideration of respondent's claim set aside due to lack of valid divorce at that time. (Paras 6, 26, 29)
(B) Family Pension - Eligibility of divorced daughters - Clarifications on eligibility for family pension under various Office Memorandums discussed - Family pension to divorced daughters is contingent upon fulfilling eligibility criteria at the time of the parent's death. (Paras 13, 15, 18)
Facts of the case:
The respondent applied for family pension post the demise of her mother, claiming eligibility as a divorcee, despite the divorce being finalized after her mother's death. The petitioner's claim was denied based on the timing of the divorce relative to parental death.
Findings of Court:
The Tribunal's ruling was deemed unsustainable as the divorce was not valid at the time of the father's death. The petitioner’s eligibility for family pension was not fulfilled.
Issues: The main issues addressed were the validity of the divorce decree and the eligibility criteria for family pension concerning the timing of divorce relative to the death of the employee.
Ratio Decidendi: The court held that the decree of divorce was not valid for the purpose of claiming family pension at the time of the employee's death, emphasizing the necessity of meeting eligibility requirements as per relevant rules.
Result: Petitions allowed and Tribunal's orders set aside.
| Table of Content |
|---|
| 1. family pension eligibility based on divorce status. (Para 1 , 2 , 3 , 4 , 5) |
| 2. tribunal's analysis of divorce decree and family pension eligibility. (Para 6 , 7 , 10 , 11 , 12) |
| 3. eligibility criteria for family pension based on marital status. (Para 8 , 9 , 30 , 31) |
| 4. clarifications on family pension rules for divorced daughters. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 5. court's decision on pension eligibility and tribunal's order. (Para 24 , 29 , 35) |
ORDER
Per: Justice Sanjeev Sachdeva
M.P. No. 3192/2022
1. Petitioner, Union of India, impugns order dated 04.05.2022 passed by the Central Administrative Tribunal, Bench at Jabalpur (hereinafter referred to as “the Tribunal”) in O.A. No.200/944/2018, whereby the Tribunal has directed the Petitioner to consider the case of the Respondent for grant of Family Pension.
2. Father of the respondent was an employee of the Gun Carriage Factory, Jabalpur and was working as Supervisor. He expired, while in service, 07.02.1985.
3. After the death of deceased employee, pension was sanctioned in favour of his wife and she received the pension during her life time. She died on 11.05.2017.
4. Respondent being a daughter of the deceased employee applied for family pension as a divorcee daughter. In response, petitioner requested the respondent to submit the claim in accordance with rules along with the requisite documents.
5. Respondent while furnishing the documents-submitted the decree of divorce which was passed under Section 13(B) of Hindu Marriage Act, 1955 dated 24.08.2018. The Petition seeking divorce was filed on 01.02.2018. Marriage of the respondent was dissolved by the Competent Court vide its judgment and decree dated 24.08.2018. The claim of the Respondent was denied on the ground that as the parents of the respondent had passed away well before the dateof grant of divorce, she was not entitled to family pension.
6. Respondent approached the Tribunal and the Tribunal by the impugned order dated 04.05.2022, held as under:
“8. From the pleadings it is admitted fact that the father of the applicant expired on 07.02.1985. Thereafter the mother of the applicant was granted the family pension. The mother of the applicant also expired on 11.05.2017. It is also admitted facts that on 05.07.2017 the authority asked the applicant to submit the application for grant of family pension along with all the relevant documents. A copy of which is annexed as Annexure A-5.It is also admitted fact that the applicant was living separately from her husband and ultimately divorce decree was granted by the competent court on 24.08.2018. As per Annexure A-7 decree of divorce was passed by the competent court of law under Section 13-B of the Hindu Marriage Act, 1955 . The said decree was passed on the basis of the mutual application under Section 13-B of the Hindu Marriage Act by the Court on 01.02.2018. From this document it is clear that on 23.09.2009 a Talaknama was written. The applicant and her husband were living separately thereafter. It has been submitted thatthe marriage took place on 11.03.1988 and they remained together for five to six months and after six months both the applicant and her husband were living separately.
9. It is also clear from the pleadings itself that the applicant was living with her mother who expired on 11.05.2017. It is true that the decree was passed on 24.08.2018 taking into consideration of the separation after Talaknama of applicant and her husband dated 23.11.2009.It is also clear that as per Annexure A-5 a letter was issued by the respondents to submit application form for grant of family pension. The applicant submitted application for the same. The only ground for rejection is that the decree of divorce has been passed on 24.08.2018 and the family pension cannot be granted. As per Annexure A-7 it is crystal clear that the applicant and her husband were living separately since 23.11.2009. So the submissions made by the applicant Signature N
