PREMA DEVI vs DEPARTMENT OF PERSONNEL AND TRAINING on 5 November 2026

ORDER

Shri Satyam Pandey, learned counsel for the applicant and Shri Chakrapani Vatsyayan, learned counsel for the respondents, are present.

2. The instant original application has been filed with following relief: “i. to direct the respondents to pay the family pension of the mother of the applicant namely Smt. Shanti Devi to the applicant. ii. to direct the respondents to decide the Last application / representation dated 09.01.2016 (A-6 to this OA) of the applicant afresh within stipulated period fixed by this Hon’ble Court / Tribunal. iii. issue any other and further order or direction as this Hon’ble Tribunal may deem fit and proper in the present facts and circumstances of the case. iv. issue award costs of the original application.” RITU RAJ SINGH

3. The instant OA has been filed by the applicant seeking a direction to the respondent no 2 and 3 to consider and decide the Last application dated 09.01.2016 of the applicant for making payment of the family pension of the mother of applicant namely Late Smt Shanti Devi to the applicant.

4. Heard learned counsel for the parties.

5. Learned counsel for the applicant submitted that father of the applicant retired from the respondents service and was getting pension before his death on 18.09.1996. Thereafter, his widow i.e., the mother of the applicant namely Shanti Devi was getting family pension. Marriage of the applicant was solemnized with ne Om Prakash and in the lifetime of the mother of the applicant, the husband of the applicant also died and thereafter, the applicant started living with her mother meaning thereby that she was dependent on the family pension received by her mother. Mother of the applied died on 24.06.2009 and thus the applicant moved an application dated 28.02.2012 before the respondent no 3 on which the respondent no 3 vide its letter dated 27.03.2012 demanded certain documents from her which she duly provided, yet, no action was taken and since then the respondents are unnecessarily harassing the applicant for want of one document or other despite the fact that all the requisite documents have already been supplied by her. Thus, referring to entire facts and circumstances of the case, prayer was made to allow the OA with the relief as sought.

6. Learned counsel for the respondents vehemently opposed the prayer of the applicant’s counsel and referring to the counter affidavit, argued that when the case of the applicant was considered for family pension, it was found that the name of the applicant has not been mentioned in the service document of the deceased employee and thus she is not entitled for family pension and information regarding this was duly communicated to the applicant. The applicant has also failed to provide the succession certificate which would have enabled her for consideration of family pension claim as widow daughter. Thus, argued that the instant OA is liable to be dismissed being devoid of merits. RITU RAJ SINGH

7. Rejoinder has been filed by the applicant reiterating the facts and circumstances of the case as narrated in the OA.

8. I have considered the rival contentions and perused the records.

9. The applicant claims herself to be the widowed daughter of the deceased employee. Applicant's mother died on 24.06.2009 and she was receiving family pension. It is also the stand of the applicant that her husband died on 14.09.2001 and she was fully dependent upon the income of her mother after the death of her husband. Applicant's case is also that she has furnished the entire documents to the authority concerned but they are insisting for succession certificate.

10. Since it is a matter for grant of family pension to the widowed daughter which can be decided without insisting on succession certificate, it is clarified that succession certificate is issued for a specified amount. For granting the family pension, there is no need of succession certificate. It has to be allowed under the Pension Rules. It is the case of the applicant that her husband died before the death of the person who was receiving the family pension / pension and she was fully dependent upon her income. Respondents stand is that the applicant has not supplied any of the documents required vide letter dated 27.03.2022 (Annexure No 2). In such a situation, no fruitful purpose would serve in keeping the matter pending anymore. Thus, the OA is disposed of at this stage itself with a direction to the applicant to supply the documents required by the respondents within a period of one month from today. In case all the documents as required in the document annexed as Annexure No A-2 are supplied, the competent authority amongst the respondents will take a conscious, speaking and reasoned decision within a period of three months thereafter communicating the same to the applicant forthwith. If the applicant is found entitled, family pension will be issued as per rules

11. All associated MAs stand disposed of. No costs.

(Justice Om Prakash VII)

Member (Judicial) (Ritu Raj) RITU RAJ SINGH