Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Tri) 245

S. Datta Purkayastha, J
Ujjala Rani Paul – Appellant
Versus
Agartala Municipal Corporation – Respondent
WP(C) 132 OF 2025

Advocates:
For the Appellants/Petitioners: P. Roy Barman, Samarjit Bhattacharjee
For the Respondents: Arijit Bhaumik

Entitlement to family pension for a divorced daughter requires the claimant to possess the status of a 'divorcee' at the time of the death of the original pensioner or their spouse; post-death divorce decrees do not retrospectively satisfy the eligibility criteria.

Headnote:(A) Tripura State Civil Services (Revised Pension) Rules, 2017 - Rule 8 - Family Pension - Eligibility of divorced daughter - Petitioner obtained divorce decree in 2021, while father deceased in 2018 - Challenge to rejection of family pension - Held, condition precedent is status of 'divorcee daughter' at time of pensioner's or spouse's death - Mere dependency as separated married daughter does not qualify for benefit under Rule 8 - Court cannot rewrite legislation or enlarge scope beyond plain language - Petition dismissed.

Facts of the case:
The petitioner, daughter of a deceased pensioner of the Municipal Corporation, sought family pension after obtaining a divorce decree in 2021. Her father had passed away in 2018, when she was still legally married, though separated from her spouse. The authorities rejected her claim as she did not hold the status of a 'divorcee daughter' at the time of her father's death.

Findings of Court:
The Court found that the Rules governing family pension require the claimant to satisfy the criteria at the time of the death of the government servant or their spouse. As the divorce occurred years after the father's death, the petitioner did not fulfill the requirements of the applicable Rules.

Issues: Whether a daughter who obtains a divorce decree subsequent to the death of the original pensioner is entitled to family pension under the 2017 Rules.

Ratio Decidendi: The entitlement to family pension vests at the time of death of the pensioner or spouse, and the status of the applicant must be established as a 'divorcee daughter' at that critical point, not later.

Result: Petition dismissed.

Judgement Key Points

Key Points: - The petitioner sought family pension under Revised Pension Rules, 2017 after her father’s death; petition dismissed. (!) (!) - The core issue is whether a divorced daughter who divorced after the original pensioner’s death can claim family pension. (!) (!) - Rule 8 provides eligibility for divorced daughter until restoration of conjugal life; dependency status and timing are crucial. (!) (!) - Government Office Memos (11.09.2013 and 19.07.2017) extend eligibility in certain scenarios where divorce occurred during life or after death. (!) (!) (!) - The Court held that the petitioner, as a married daughter separated from husband at death, was not a divorced daughter at that time; thus not eligible. (!) (!) - The Court emphasized that it cannot rewrite the statute to create new rights beyond the plain text. (!) - Central jurisprudence cited: All Manipur Pensioners Association v. State of Manipur; Union of India v. Deoki Nandan Aggarwal. (!) (!) - The judgment denies relief and dismisses the writ petition. (!)

Question 1?

What is the eligibility of a divorced daughter to receive family pension under the Revised Pension Rules, 2017 when divorce occurred after the death of the original pensioner?

Question 2?

How does the Office Memos dated 11.09.2013 and 19.07.2017 affect the entitlement of divorced daughters to family pension in cases where divorce occurred posthumously or after death of the pensioner?

Question 3?

What is the interpretation of Rule 8 of the Revised Pension Rules, 2017 regarding dependency status and timing of eligibility for a divorced daughter to receive family pension in this case?

Table of Content
1. factual background: claim for family pension by a daughter divorced post-pensioner's death. (Para 1 , 2 , 3 , 4 , 5)
2. petitioner's argument: statutory silence on divorce timing creates no restriction on eligibility. (Para 6 , 7)
3. respondent's argument: eligibility must exist at the time of the pensioner's death. (Para 8 , 9 , 10 , 11)
4. interpretation of rule 8 regarding the necessity of divorcee status during the parent's lifetime. (Para 12 , 13 , 14 , 15 , 16 , 17)
5. court's ruling: divorcee status at death is mandatory; judiciary cannot legislate through interpretation. (Para 18 , 19 , 20 , 21 , 22 , 23)

JUDGMENT & ORDER

One Rash Bihari Paul who was a labourer in Agartala Municipal Corporation, went on superannuation on 01.10.2004. During his lifetime, he was receiving pension as per the rules. He died on 02.12.2018. His wife pre-deceased him.

2. The present petitioner at the time of death of the original deceased pensioner was given marriage to one person, namely Sir Pradip Saha but thereafter the said marital bond could not sustain and ultimately, they got a decree of divorce from the court of learned Judge, Family Court, Agartala on 04.10.2021.

3. Thereafter, the petitioner applied for family pension as per Tripura State Civil Services (Revised Pension) Rules, 2017 (hereinafter referred as the Revised Pension Rules, 2017) on 23.02.2022 [Annexure-11]. She, also sent remainder and legal notice in this regard and in turn, the Municipal Authority rejected her prayer vide communication dated 04.10.2024 [Annexure-16] taking the plea that the notification dated 28.03.2018 of the State Government by which the amended provision of pension rules was adopted entitling the divorcee daughter to get pension, was not adopted by the Municipal Authority. Therefore, the present writ petition has been filed by the writ petitioner.

4. The Municipal Authority, however after appearing in this writ petition contended through their counter affidavit that at the time of death of the original pensioner, Rash Bihari Paul, the present writ petitioner was not a divorced daughter and her such event of divorce took place much later than the date of death of her father and therefore, she was not entitled to any such family pension.

5. Learned senior counsel, Mr. P. Roy Barman argues that just after a few days of the marriage of the petitioner, her husband went missing and she took shelter in her father’s house and there she was living for more than 40 years. In support of such fact, he also relies on a decree dated 04.10.2021, passed by learned Judge, Family Court, Agartala, West Tripura which was drawn on the basis of compromise petition submitted by the petitioner and her husband [Part-1 of Annexure-1 to the writ petition] and in said joint compromise petition, above said facts were mentioned and ultimately, when the marriage tie between the parties were irretrievably broken down and there were no relation between them for a long period, they mutually agreed to go for a divorce.

6. According to learned senior counsel, at the time of death of her father, the petitioner was not a divorced daughter, but she was dependent on her father and in the year 2021, she submitted the said petition for divorce which was accordingly allowed. Learned senior counsel, Mr. Roy Barman also contends that in the Revised Pension Rules, 2017 [Annexure-R/1] as applicable to the employees of Agartala Municipal Corporation by virtue of Notification dated 21.12.1991 [Annexure-7] and notification dated 04.01.1992 [Annexure-8], there is no restriction placed in the said Rules that to get such family pension, the divorce shall have to take place during the life time of the original pensioner or the spouse, or that at least such petition shall have to be filed when the original pensioner was alive. According to Mr. Roy Barman, learned senior counsel, when no such differentiation has not been created by the legislature, the respondents cannot deny family pension

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