Smt Soni Alias Soni Kumari vs POST UP CIRCLE on 6 November 2026

1. The Chief Post Master General, U.P. Circle, Lucknow – 226001.

2. The Director Postal Services, Office of Chief Post Master General, U.P. Circle, Lucknow – 226001.

3. The Accounts Officer, O/o Chief Post Master General, U.P. Circle, Lucknow – 226001.

4. Km. Anju Kashyap, D/o Late Sri Deena Nath and sister of Late Sanjay Kashyap, R/o - 453/331, Prem Vihar, Thakurganj, Lucknow.

…..Respondents

By Advocate: Smt. Prayagmati Gupta

Ms. Swati Bisaria

ORDER (ORAL) Per Hon’ble Mr. Pankaj Kumar, Member-Administrative In this case relating to family pension, the applicant has sought following reliefs: “(i) That the Hon’ble Tribunal may kindly be pleased to issue a direction to the respondents to grant family pension to the applicant after finalization of pension of her husband and all retrial dues to her.

(ii) That the Hon’ble Tribunal may kindly also be pleased to direct the respondents to grant the compassionate appointment to the applicant from the date it is due.

(iii) Cost and other reliefs which this Hon’ble Court may deem fit and proper and interest for the prolonged delay including the case of family pension etc be awarded to the applicant by the respondents.”

2. The facts of the case are that the applicant’s husband, Sanjay Kashyap, died in harness on 19.03.2021 while working under the respondents. The applicant represented on 12.05.2021 for grant of family pension and appointment on compassionate grounds followed by reminders. Having failed to elicit positive response from the respondents, the applicant has preferred this OA.

3. The applicant states that she married Sanjay Kashyap on 07.12.2012 and that she lived with him till his death after which she shifted to her parents’ home. She further states that she is issueless and has no means of livelihood.

4. Respondents no. 1 to 3 state that Sanjay Kashyap was appointed as Tea Bearer with effect from 01.11.1984 and his service was regularized with effect from 01.10.1991; that Sanjay Kashyap filled Form – 3 giving details of his family members as on 02.03.2012 mentioning his mother and sister (Anju, respondent no. 4) and that he also made nomination in favour of his mother and alternate nomination in favour of his sister on 02.03.2012 itself; that Sanjay Kashyap died on 19.03.2021 while he was in service; that he had not mentioned the applicant’s name in any service record; that the applicant submitted representation dated 12.05.2021; and that respondent no. 4 also submitted representation dated 20.05.2021. The respondents submit that after verification, the family pension and leave encashment were sanctioned in favour of the applicant while Death-cum-Retirement Gratuity (DCRG) has been sanctioned in favour of respondent no. 4. They also submit that the applicant’s case for appointment on compassionate grounds is under process.

5. In subsequent submissions, the applicant has objected to grant of DCRG to respondent no. 4 on two grounds. Her first ground is that DCRG is payable to her and not to respondent no. 4 as the sister is not covered in definition of family in section 2(h)(i) of the Payment of Gratuity Act, 1972; and, further, in terms of section 6 of the said Act, the nomination made by the employee at a time when he had no family would become invalid if he subsequently acquires a family. Her second ground is that a provision similar to section 6 of the Payment of Gratuity Act, 1972 also exists in form of rule 46(5)(a) of the Central Civil Services (Pension) Rules, 2021 which mandates that a nomination made by the Government servant when he has no family would become invalid in the event of the Government servant subsequently acquiring a family.

6. Respondent no. 4 has rebutted both the grounds cited by the applicant in regard to payment of DCRG. Her first contention is that the Payment of Gratuity Act, 1972 has no application for an employee of the Central Government by virtue of section 2(e). Her second contention is that the nomination made by the applicant in her favour would not become invalid in view of the provision contained in sub-rule (6) of rule 46 of the Central Civil Services (Pension) Rules, 2021.

7. Heard the parties. It is noted that the respondents have sanctioned family pension and leave encashment in favour of the applicant.

8. It is observed that the first ground cited by the applicant for payment of DCRG to her in terms of the provisions of the Payment of Gratuity Act, 1972 stands negated in view of section 2(e) of the said Act extracted below: “2. Definitions.—In this Act, unless the context otherwise requires,— …

(e) “employee” means any person (other than an apprentice) who is employed for wages, whether the terms of such employment are express or implied, in any kind of work, manual or otherwise, in or in connection with the work of a factory, mine, oilfield, plantation, port, railway company, shop or other establishment to which this Act applies, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity;”

Evidently, as the applicant’s husband was holding a post under the Central Government governed by separate rules providing for payment of gratuity, the nomination for DCRG made by him would not be governed by the provisions of the Payment of Gratuity Act, 1972. 9.1 Turning to the second ground, rule 46(5)(a) of the Central Civil Services (Pension) Rules, 2021 cited by the applicant is extracted below: “46. Nomination, -

(1) A government servant shall, on his initial appointment in a service or post, make a nomination in Form 3 conferring on one or more persons the right to receive the retirement gratuity and death gratuity payable under rule 45. …

(5) (a) Where a Government servant has no family, as referred to below sub-rule (6) of rule 45, at the time of making a nomination, the nomination made by the Government servant in favour of a person or a body of individuals under clause (ii) of proviso to sub- rule (2) shall become invalid in the event of the Government servant subsequently acquiring a family.”

Undoubtedly, if the government servant has no family at the time of making nomination for DCRG, the nomination made would become invalid when he acquires a family. However, there is a condition: the Government servant must not have a family as referred to below sub- rule (6) of rule 45. In view of this condition, it becomes necessary to refer to the ‘family’ as mentioned below rule 45(6). However, before going to rule 45(6), a reference to rule 46(6) canvassed by respondent no. 4 would be in order. 9.2 Rule 46(6) reads as under:

“(6) Nomination made by an unmarried Government servant, under clause (i) of sub-rule (2), in favour of any member of his family specified in the explanation below sub-rule (6) of rule 45 shall not become invalid on his or her marriage, unless the Government servant cancels the earlier nomination and files a fresh nomination in accordance with sub-rule (7).” (emphasis supplied) Evidently, if nomination is made by unmarried Government servant in favour of any member of his family as specified in the explanation below rule 45(6), such nomination shall hold the field even after the Government servant gets married, unless he cancels it and makes a fresh nomination. 9.3 The above narrative makes it essential to refer to the explanation below rule 45(6) which reads as follows: “Explanation.- For the purpose of this rule and rules 46, 47, 48 and 49, „family‟, in relation to a Government servant, means,-

(i) wife or wives including judicially separated wife or wives in the case of a male Government servant;

(ii) husband, including judicially separated husband in the case of a female Government servant;

(iii) sons including stepsons and adopted sons;

(iv) unmarried daughters including stepdaughters and adopted daughters;

(v) widowed or divorced daughters including stepdaughters and adopted daughters;

(vi) father including adoptive father parents in the case of individuals whose personal law permits adoption;

(vii) mother including adoptive parents in the case of individuals whose personal law permits adoption;

(viii) brothers including stepbrothers who are suffering from any disorder or disability of mind including the mentally retarded or physically crippled or disabled without any limit of age and brothers, including stepbrothers, below the age of eighteen years, in other cases;

(ix) unmarried sisters, widowed sisters and divorced sisters including stepsisters;

(x) married daughters; and

(xi) children of a pre-deceased son.”

It is evident from the explanation below rule 45(6) quoted above that unmarried sister is included in the ‘family’ in relation to a Government servant.

9.4 Coming to the case at hand, the deceased Government servant (Sanjay Kashyap) made nomination for payment of DCRG in favour of his mother and alternate nomination in favour of his sister Anju (respondent no. 4) at the time when he was unmarried. He did not cancel the nomination made by him and he did not make a fresh nomination in favour of the applicant. Respondent no. 4 is the unmarried sister of the applicant. The deceased Government servant’s mother had passed away during his lifetime leaving his sister (respondent no. 4) as the sole nominee. In view of these facts, the sanction of DCRG made by the respondents no. 1 to 3 in favour of respondent no. 4 is entirely in order in terms of rules 46(5)(a) and 46(6) read with the explanation below rule 45(6) of the Central Civil Services (Pension) Rules, 2021. 10.1 In view of the foregoing, this OA is disposed of with the observation that the respondents no. 1 to 3 have sanctioned family pension and leave encashment to the applicant; with the finding that the applicant is not entitled to payment of DCRG which has been rightly sanctioned by the respondents no. 1 to 3 in favour of respondent no. 4; and with a direction to respondents no. 1 to 3 to consider and decide the applicant’s case for appointment on compassionate grounds in accordance with law by way of a reasoned and speaking order to be communicated to the applicant, preferably within three months of receipt of certified copy of this order. 10.2 Associated MAs also stand disposed of. 10.3 Parties shall bear their own costs. (Pankaj Kumar)

Member (A)

Vidya Vidya Ben Waghela Digitally signed by Vidya Ben Waghela Date: 2026.11.12 15:00:20 +05'30'