YEGURU GAYATHRI vs WATER RESOURCES on 30 October 2026

1. Union of India, represented by Secretary to the Government of India, Ministry of Jal Shakti, Department of Water Resources, Government of India, CR Section, Room no 224, Shram Shakti Bhawan, Rafi Marg, New Delhi - 110 001

2. The Executive Engineer, South Western Rivers Division, Central Water Commission, Jaldhara, D.No. 27/1972- A, Kasturba Nagar, Kadavanthara, Kochi – 682 020

3. The Pay and Accounts Officer, Pay and Accounts Section, CWC, Sewa Bhavan, RK Puram, New Delhi-110 066

4. Deleted vide order dated 30.10.2026 in M.A/180/1014/2026.

5. Deleted vide order dated 30.10.2026 in M.A/180/1014/2026.

-Respondents

[By Advocate : Mr. M.N Manmadan, SCGSC]

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The Original Application having been heard on 30.10.2026, the Tribunal on the same day delivered the following: O R D E R (Oral):- Justice K. Haripal, Judicial Member Applicant is the widow of late Janardhan Atmakuru, who was employed as Senior Research Assistant in the South Western Rivers Division, Central Water Commission, Kochi under the second respondent. He passed away on 02.05.2024. The applicant is aggrieved by non-granting of family pension to her, as the widow and also non disbursement of other retiral benefits like death gratuity and other terminal benefits.

2. According to the applicant, as provided under Rule 54 (6) of the CCS (Pension) Rules, 1972, being the widow, she is the rightful beneficiary of family pension till her death or re-marriage, followed by the child. She has to be preferred over the parents of the deceased. Parents are entilted to get the benefits, if the spouse or child is not surviving. The applicant has not renounced her claim nor is disqualified to get family pension.

3. The respondents have explicitly acknowledged her eligibility

A X Sherin for family pension. However, on the ground that the parents of the deceased, who were impleaded as respondent nos. 4 and 5 did not give, 'No Objection Certificate', the respondents are denying her rightful claims. She has placed reliance on the decision in Parukutty Ammal vs Financial Advisor & Chief Accounts Officer and others [(2016) SCC OnLine 3969], Smt. Poonamal v. Union of India [(1985) 3 SCC 345], to support her contentions. The applicant contends that the respondents 1 to 3 are not justified in insisting NOC from the 4th respondent, which is not in tune with the statutory provisions. Thus the following reliefs are sought :-

(i) Set aside Annexure A9, Annexure A12, and Annexure A13, which insisted on producing NOC from the 4th respondent in violation of Rule 54(6) read with Form 14 of the Central Civil Services (Pension) Rules, 1972 as unjust, illegal and arbitrary;

(ii) Declare that the applicant is entitled to the family pension, death gratuity, and all the terminal benefits on the demise of her husband.

(iii) Direct the 2nd and 3rd respondent to disburse family pension, death gratuity and all the terminal benefits to the applicant.

4. The Tribunal did not issue notice to the respondents 4 and 5. Respondents 1 to 3 filed reply statement. They did not deny the status of the applicant, as wife of the deceased. He had passed away on 02.05.2024

A X Sherin while employed under the second respondent. Annexure R1 (C), family composition shows that the applicant is his wife. Similarly, it is shown that he had given nominations for DCRG etc. in favour of the fourth respondent

- mother. It is also evident from records that a male child was born to the couple on 30.10.2023. There are also reasons to think that there are disputes between the applicant and her in laws, after the death of her husband.

5. Now we are concerned about the grant of family pension to the widow. It is a statutory right, as enjoined under Rule 50 (6) of the CCS (Pension) Rules 2021, which is applicable in the case. As mentioned earlier, the status of the applicant as the widow of the deceased is not in dispute. Similarly, no one has a case that she has married after the death of the husband. In the circumstances, as far as claim for family pension is concerned, objection of the parents of the deceased is totally irrelevant.

6. It is the settled proposition of law that Rules do not provide for any nomination with regard to family pension. No other person except those designated under the Rules are entitled to receive family pension. It does not form part of the estate of the deceased and the spouse alone can

A X Sherin claim the same. (See the decision in Smt. Violet Issaac and others v. Union of India and others [(1991) 1 SCC 725].

7. Similarly, in the decision reported in Jodh Singh v. Union of India and another [(1980) 4 SCC 306], it is held thus :- “ 10. Where a certain benefit is admissible on account of status and a status that is acquired on the happening of certain event, namely, on becoming a widow on the death of the husband, such pension by no stretch of imagination could ever form part of the estate of the deceased. If it did not form part of the estate of the deceased it could never be the subject- matter of testamentary disposition.” That means, the parents of the deceased have no say in the matter of grant of family pension to the widow. Since the status of the applicant is beyond dispute, the respondents are directed to release the same within a period of 60 days from the date of receipt of a copy of this order, subject to the production of all necessary documents as per law. In other words, NOC or consent from the parents cannot be insisted by respondents 1 to 3 for processing the claim for family pension.

8. Regarding the release of DCRG and other retiral benefits, which are the estate of the deceased, devolution of the same will be subject to the provisions of the personal law of the deceased. It appears

A X Sherin that the parties are Hindus governed by the Hindu Succession Act. Here the nomination in respect of the DCRG etc is in favour of the mother. At the same time, she is only a trustee as the nominee and she cannot appropriate the same fully, without sharing it among the legal heirs.

9. That means, the other retiral benefits shall be released subject to the production of documents based on Section 8 of the Hindu Succession Act.

10. Original Application is disposed of, as above. No costs. (Dated, 30th October, 2026) BRAJ MOHAN AGRAWAL JUSTICE K. HARIPAL ADMINISTRATIVE MEMBER JUDICIAL MEMBER skm

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List of Annexures in O.A No. 485/2025 Annexure A1: A true copy of the letter dated 07.05.2024 bearing No. SWRD/Adm-1/PF/2020/798-805 sent by the Executive Engineer to the Chief Engineer, Central Water Commission, Bangalore. Annexure A2: A true copy of the letter No. SWRD/ADM-1/PF-231/2018/855 dated 20.05.2024 issued by the 2nd respondent to the applicant. Annexure A3: A true copy of the letter No. SWRD/ADM-1/PF-231/2018/856 dated 20.05.2024 issued by the 2nd respondent. Annexure A4: A true copy of the letter No. SWRD/ADM-1/PF- 231/2018/1347-48 dated 17.07.2024 issued by the 2nd respondent to the applicant Annexure A5: A true copy of the Office Order No. SWRD/ADM-1/PF- 231/2018/1345-46 dated 17.07.2024 issued by the office of the 2nd respondent. Annexure A6: A true copy of the letter No. SWRD/Adm-I/PF- 231/2018/1277-80 dated 31.08.2024 issued by the 2nd respondent to the applicant. Annexure A7: A true copy of the office order No. SWRD/Admn-I/PF- 231/2018/1733-41 dated 19.09.2024 issued by the office of the 2nd respondent Annexure A8: A true copy of the legal notice dated 09.01.2025 sent to the 2nd , 3rd , 4th and 5th respondent through Adv. Mr. M Sundaraiah Yadav. Annexure A9: A true copy of the letter No. WR/PAO/CWC/NPS/2024- 2025/466 dated 27.01.2025 issued by Assistant Accounts Officer to the 2nd respondent with typed Copy. Annexure A10: A true copy of the letter No. SWRD/ADM-1/PF- 231/2018/264-68 dated 15.02.2025 issued by the 2nd respondent to the applicant and the 4th respondent. Annexure A11: A copy of the letter No. SWRD/Adm-I/PF-231/2018/417-21

A X Sherin dated 21.03.2025 issued by the 2nd respondent to the applicant and the 4th respondent Annexure A12: A true copy of the letter No. SWRD/Adm-I/PF-231/2018/500- 04 dated 23.04.2025 issued by the 2nd respondent to the applicant. Annexure A13: A true copy of the letter No. SWRD/Adm-I/PF-231/2018/940- 44 dated 20.06.2025 issued by the 2nd respondent to the 4th respondent. Annexure A14: copies of the relevant pages of the Central Civil Services (Pension) Rules 1972 available in the link http://cag.gov.in/uploads/media/CCS- Pension-Rules-1972-as-from-DoP-website-20 20071765308.pdf Annexure-R1(A): True copy of the NOC dated 03.05.2024 issued by Thrikkakara Police Station, Kochi along with death certificate issued by Thrikkakara Municipality. Annexure-R1(B):- True copy of option form 1 in r/o Late Shri Janardhan Atmakuru, SRA dated 24.08.2023 to avail benefits in case of death or discharge on invalidation or disability of Government servant/subscriber during service Annexure-R1(C):- True copy of Form 2- Details of family, submitted by Late Shri Janardhan Atmakuru, SRA as on 24.08.2023 Annexure R1(D):- True copy of nomination dated 24.03.2018 in respect of his mother for the benefits under DCRG & CGEGIS as available in the service book of Late Shri Janardhan Atmakuru, SRA Annexure R1(E):- True copy of letter for processing the family pension claim was intitiated by this office vide letter No. SWRD/ADM-1/PF-231/2018/855 dated 20.05.2024. Annexure R1(F): True copy of Notice issued by Adv. Veerendra dated 26.07.2024 Annexure R1(G):- True copy of letter dated 25.09.2024 received from Smt. Yeguru Gayathri

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Annexure R1(H):- True copy of letter forwarding the pension case to PAO, CWC vide No.SWRD/Adm-1/PF-231/2018/1915 dated 19.10.2024 Annexure R1(I):- True copy of letter No. WR/PAO/CWC/NPS/2024-25/466 received from PAO, CWC dated 27.01.2025 Annexure R1(J):- True copy of this office letter No. SWRD/ADM-1/dated PF- 231/2018/264-68 dated 15.02.2025 issued to both Smt. Yeguru Gayathri and Smt. Atmakuru Jayamma Annexure R1(K):- True copy of this office letter No. SWRD/Adm-1/PF- 231/2018/417-21 dated 21.03.2025 sent as reminder Annexure R1 (L): True copy of this office letter No. SWRD/Adm-1/PF- 231/2018/500-04 dated 23.04.2025 sent as reminder Annexure R1(M): True copy of this office letter No. SWRD/Adm-1/PF- 231/2018/940-44 dated 20.06.2025 sent as reminder Annexure R1(N): True copy of the office letter No. SWRD/Adm-I/PF/2020/798- 805 dated 07.05.2024 addressed to Superintending Engineer, CSRC, CWC, Bangalore with copy to Chief Engineer, CSRO, CWC, Coimbatore. Annexure R1(0):- True copy of the office letter No. SWRD/Adm- II/PF/2022/1257 dated 08.07.2024 issued to Smt. Atmakuru Jayamma Annexure R 1(P):- True copy of the office letter No. SWRD/ADM-1/PF- 231/2018/1343-44 dated 17.07.2024 issued to Smt.Atmakuru Jayamma *******

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