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2015 DIGILAW 102 (GAU)

JABA CHAKRABORTY v. UNION OF INDIA

2015-02-03

MICHAEL ZOTHANKHUMA

body2015
Judgment Heard Mr R Islam, learned counsel for the petitioner and Ms B Sinha, learned CGC for the respondents. The petitioner’s case is that her late father Jitendra Mohan Chakraborty (T/No.430) was working as Tent Mender in the establishment of 222 ABOD, C/o 99 APO and died in harness on 23.1.73. The service of the petitioner’s father was under the Govt. of India, Ministry of Defence. After the death of her father, family pension was sanctioned in favour of the petitioner’s mother. Petitioner’s mother subsequently expired on 2.12.2005. The petitioner also submits that her two brothers—Jibon Chakraborty and Joy Kr Chakraborty expired in the year 1994 and 1998 respectively. Jayanta Chakraborty, the third brother of the petitioner expired on 6.12.2005. The fourth brother of the petitioner, Jibesh Chakraborty crossed the age of 25 years at the time of death of her mother. The elder sister of the petitioner was married in the year 1971 and, as such, the petitioner being the only surviving unmarried daughter of Late Jitendra Mohan Chakraborty, became eligible for getting the family pension. Accordingly, this writ petition has been filed praying for release of family pension to her. The Govt. of India, Ministry of Personnel, PG & Pension, Department of Pension and Pensioners’ Welfare issued Office Memorandum dated 6.9.2007 wherein it has been clarified that family pension to unmarried/ widowed/ divorced daughters above the age of 25 years shall be payable only if other eligible children below the age of 25 years have ceased to be eligible to receive pension and that there is no disabled child to receive the family pension. Subsequently, the same Department issued Office Memorandum dated 28.4.2011 wherein it has been stated as follows: “The matter has been considered in this Department in consultation with Department of Expenditure, Ministry of Finance. It is hereby clarified that subject to fulfillment of other conditions laid down therein, the widowed/divorced/unmarried daughter of a Government servant/ Pensioner will be eligible for family pension with effect from the date of issue of respective orders irrespective of the date of death of the Government servant/ Pensioner. Consequently, financial benefits in such cases will accrue from the date of issue of respective orders. The cases of dependent disabled siblings of the Government servants/ Pensioners would also be covered on the above lines.”. Consequently, financial benefits in such cases will accrue from the date of issue of respective orders. The cases of dependent disabled siblings of the Government servants/ Pensioners would also be covered on the above lines.”. Thus, a reading of the Office Memoranda dated 6.9.2007 and 28.4.2011 clearly shows that the petitioner is entitled to receive the family pension of her late father as she is the only surviving unmarried daughter. A letter dated 14.2.2014 was issued to the petitioner by one Major MS Singwal, Personnel Officer (Civ) asking her to forward certain documents for processing of her case for family pension. The petitioner thereafter vide forwarding letter dated 23.5.2014 addressed to the Commandant, 222 ABOD, C/o 99 APO submitted the documents as required for processing the family pension. The respondent No.2 thereafter send a letter dated 7.6.2014 to the petitioner stating “It is intimated that court case No. WP(C) No. 1399/2014 filed by you against the UOI & Ors challenging non-payment of family pension is pending in the honourable Guwahati High Court. Your case for payment of family pension will be processed after finalization of ibid court case.”. In pursuance of the respondent No. 2’s letter dated 15.9.2014 the petitioner submitted her original documents vide forwarding letter dated 17.11.2014. Ms D Sinha, learned CGC submits that the process for payment of family pension to the petitioner is being undertaken by the respondents and the counsel for both the parties are agreed that the matter can be disposed of with a direction to the respondents to finalise the process for payment of family pension to the petitioner within a reasonable time. Accordingly, the respondents are directed to finalise the process for payment of family pension to the petitioner with effect from 6.9.2007 within a period of two months from the date of receipt of a certified copy of this order. The writ petition accordingly stands disposed of. No cost.