RAJRANI HARISHCHANDRA KAPOOR Vs. SHAHNADHIKARI AND ORS.

JUDGEMENT

(1.) THE claim made in this petition is for grant of family pension. The case of the petitioner is that, her mother Smt. Jagdarshanaben was working with respondent No. 1 as a Teacher and she was getting pension from respondent No. 1. Smt. Jagdarshanaben expired on 18.01.2011 and before that father of the petitioner expired on 19.01.2010. The petitioner, being the only daughter of the family of Smt. Jagdarshanaben, has become entitled to family pension after the death of Smt. Jagdarshanaben. It is further averred that the petitioner is a divorcee, a handicapped person and has got a son. The petitioner is not able, to earn any livelihood.

(2.) THE petition is opposed on behalf of respondent No. 1 by filing affidavit -in -reply mainly on the ground that as per the Rule for grant of family pension, a son or daughter shall become ineligible for family pension from the date, he or she gets married.

(3.) LEARNED advocate Mr. Asthavadi for the petitioner submitted that till the petitioner got divorced, she had a status of a married woman and, therefore, it could be said that she was not entitled to family pension after the death of her mother. However, after her divorce, what is required to be examined is, whether the petitioner could be said to be a dependent of the family of the deceased employee or not. Mr. Asthavadi, learned advocate submitted that since the petitioner is not now having status of a married daughter, this Court may consider the case of the petitioner for grant of benefit of family pension.