LAWS(CAL)-2022-2-4

UNION OF INDIA Vs. RATNA SARKAR

Decided On February 07, 2022
UNION OF INDIA Appellant
V/S
Ratna Sarkar Respondents

JUDGEMENT

(1.) This writ petition has been filed by the petitioners Union of India and Ors against the order dated 16/06/2016 passed by the Central Administrative Tribunal, Calcutta Bench, Kolkata (hereinafter be referred to as the Tribunal) in O.A. No. 350/01194/2015. The respondent Ratna Sarkar filed the Tribunal application seeking the following reliefs:-

(2.) By the impugned order dated 16/06/2016 the Learned Tribunal has declared that the clarificatory circular being Office Memorandum dated 18/09/2014 issued by the Ministry of Personnel, P.G. and Pensions, Department Of Pension and Pensioners ' Welfare, Government of India is unconstitutional and opposed to public policy and accordingly the Office Memorandum was quashed. By the same order the Learned Tribunal directed the respondent authorities to apply the circulars dated 30.09.2004 and 11.09.2013 to the respondent Ratna Sarkar to continue disbursing family pension to her treating her as a dependent daughter of the deceased pensioner with arrears to be released within two months from the date of communication of the order.

(3.) Now the question which falls for determination is as to whether a daughter of a pensioner who was married, but became widowed after the death of the pensioner is entitled to family pension.