Central Administrative Tribunal

SMT INDRAVATI DEVI SINGH SHARMA vs M/o Defence on 15 October 2026

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Reserved

CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH

JABALPUR

Original Application No.200/883/2017

Jabalpur, this Thursday, the 15th day of October, 2026

HON’BLE SHRI RAJINDER SINGH DOGRA, JUDICIAL MEMBER

HON’BLE SMT. MALLIKA ARYA, ADMINISTRATIVE MEMBER

1. Smt. Indravati Devi Singh Sharma W/o late Shri Prabhat Narayan Singh Sharma, a/a 68 yrs.. Mob. 90396 83884.

2. Ku. Rachita Singh Sharma D/o late Shri Prabhat late Shri Prabhat Narayan Singh, a/a 39 yrs.. both R/o H. No. 3249, Shaheed Abdul Hameed Ward No. 56, Katra Basti, Near Water Tank No. 5, Adhartal, Jabalpur (M.P.) PIN-482004.

Mob. 96301 57489.

-Applicants

(By Advocate: Shri Santosh Kumar Pathak)

V e r s u s

1. Union of India, through- Secretary, Ministry of Defence, South Block, New Delhi-110 001.

2. Secretary, Ministry of Finance, Department of Expenditure, North Block, New Delhi-110 001.

3. Director General of Ordnance Factories, Ordnance Factory Board, through its Chairman, 10-A, S.K. Bose Road, Kolkata (W.B.) PIN - 700028

4. Senior General Manager, Gun Carriage Factory, Satpula, Jabalpur (M.P.) PIN - 482001.

5. Accountant General, PCDA (P), Draupadi Ghat, Allahabad (U.P.) 211 001.

6. Branch Manager, Union Bank of India, Branch Office-Adhartal, Jabalpur-482 004

- Respondents

(By Advocate –Shri S.P. Singh)

(Date of reserving the order:04.09.2026)

Location:

KARUNA

GUPTA

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O R D E R

By Mallika Arya, AM:- Through this Original Application applicant is seeking direction to respondents to pay pension to both the applicants equally forthwith on account of applicant No.2 being unmarried daughter of applicant No.1.

2. The brief facts of the case are that the husband of applicant No.1 Late Shri P.N. Singh Ex-High Skilled-II Gun Carriage Factory retired from service on 31.07.2004. He was sanctioned pension vide PPO dated 14.06.2004 (Annexure A/1). The father of applicant submitted an application dated 27.12.2011 (Annexure A/2) for addition of his daughter’s name in the PPO for the purpose of grant of 50% pension. The father of applicant died on 21.03.2014 (Annexure A/4). Applicant No.2 submitted an application dated 27.05.2015 to the respondents to consider her case for grant of 50% pension. She also submitted an affidavit to the respondents vide Annexure A/6. The respondents vide order dated 01.12.2015 (Annexure A/8) rejected the claim of the applicants by an order dated 08.01.2016 (Annexure A/9). Applicant has also submitted her representation to respondent No.5. However, the same was rejected vide order

Location:

KARUNA GUPTA

dated 21.03.2016 (Annexure A/10) informing her that no pension can be granted in absence of requisite proposal from GCF Jabalpur. Hence this Original Application.

3. Respondents in their reply have submitted that as per CCS (Pension) Rule 1972 after the death of pensioner, family pension is payable only (Spouse) to wife and after the death of wife (i.e. family pensioner) family pension is sanctioned for the eligible family member. But, name of the applicant no. 2 is not mentioned in statement of family form as filled by Late P.N. Singh during his service period. Ku. Rachita Singh Sharma (i.e. applicant no. 2) is not a family member of Late P.N. Singh. Apart from this, it is also pertinent to mention here that as per CCS (Pension) Rule 1972 Sub Rule (8) (Annexure R-2) the family pension shall not be payable to more than one member of the family at the same time and accordingly the question of dividing family pension amongst members of family does not arise. .

4. Rejoinder has been filed by the applicant reiterating the averments made in the O.A.

5. We have heard the learned counsel for the parties. We have also perused the pleadings and documents annexed therewith.

Location:

KARUNA GUPTA

7. It is not in dispute that the deceased Government servant was survived by his legally wedded wife. The family pension is governed by the provisions of the CCS (Pension) Rules, 1972 (for short ‘the Rules’). Rule 54(8) of the Rules provides that family pension shall not be payable to more than one member of the family at the same time and, where the deceased Government servant is survived by a widow or widower, the family pension shall become payable to such widow or widower, failing which to the eligible child. The statutory scheme thus places the surviving spouse before the children in the matter of payment of family pension.

8. The Hon'ble Delhi High Court in Master Utsav Singh v. Govt. of NCT of Delhi & Ors., decided on 15.05.2026, while examining the corresponding provisions of the CCS Pension Rules, has held that where a Government servant is survived by a widow and children, the family pension is payable in the first instance to the widow and the children's right to receive family pension is deferred until the widow's entitlement ceases in accordance with the Rules.

9. In the present case, the legally wedded wife of the deceased employee is alive. Hence her statutory entitlement to family pension remains valid. Applicant No. 2, merely by

Location:

KARUNA GUPTA

virtue of being the daughter of the deceased employee, cannot claim 50% of the family pension simultaneously with the surviving legally wedded wife, unless she establishes that her case falls within any specific exception or special provision under the applicable pension rules.

10. Accordingly, the claim of applicant No.2 for 50% of the family pension during the lifetime of the legally wedded wife is not sustainable. The Original Application is, therefore, liable to be dismissed. The same is dismissed. No order as to costs.

(Mallika Arya) (Rajinder Singh Dogra) Administrative Member Judicial Member kg/-

Location:

KARUNA GUPTA

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