SAMIRABANU Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule returnable forthwith. Ms.Archana Amin, learned advocate waives service of notice of Rule for respondent No.2. At the joint request of learned advocates for the respective parties, the matter has been taken up for final disposal today.

(2.) The present petition is filed under Articles 226 and 227 of the Constitution of India by the petitioner challenging the order dtd. 13/1/2020 passed by the Central Administrative Tribunal, Ahmedabad (for short, "the Tribunal") in Original Application No.66 of 2019, wherein the Tribunal has rejected the claim of the petitioner for family pension.

(3.) It is the case of the petitioner that, the father of petitioner was employee of Railway Department and he retired from service on 31/1/2004 from the post of Fitter-I and after retirement, he was getting pension. The petitioner's mother died on 26/8/2011. The petitioner was married but she had obtained divorce through notarized deed, as per the customary divorce "Talaknama" on 27/1/2012, and since then, she was dependent on her father. Father of the petitioner died on 16/3/2015. As the petitioner was divorcee and dependent upon her father, after death of her parents, she is entitle to get her family pension. Therefore, the petitioner moved an application with all the required documents for getting family pension to the respondents and after failing reply on behalf of the respondents, the petitioner approached to the respondent through recognized Union, however, her request was rejected by respondent No.2 vide letter dtd. 26/11/2018 on the ground that the divorce deed has been registered after the death of her parents. On the same ground, the matter was rejected by the General Manager on 6/12/2018. Thereafter, being aggrieved and dissatisfied, the petitioner preferred an application, being Original Application No.66 of 2019 before the Tribunal which was dismissed on 13/1/2022. Hence, the present petitioner has filed this petition.