JUDGMENT & ORDER : Heard Mr. RK. Manikanta, learned counsel appearing for the petitioner and Mr. A. Shyam Sharma, learned G.A. appearing for the State respondents as well as Ms. Beedyasari, learned counsel for the Accountant General, Manipur. 2. This is a petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus or direction or order to the respondents to issue Family Pension Payment Order in favour of the petitioner. 3. The case of the petitioner in brief is as follows: That, her mother who was a retired teacher was enjoying family pension till she died on 19.01.2013 and her father and she were the nominees for the family pension and their names were recorded in the pension book of her deceased mother. Now that, her father has died, she is the only one entitled to the Family Pension. As such, after the death of her mother, she approached the authorities concerned for transferring of the family pension of her mother to her name. When nothing happened in spite of her having approached the authorities concerned, she submitted duly filled up Form - 14 under the Pension Rules. But even then also, nothing has been done for payment of the family pension to her, while she has suffered bereavement from both her parents and has become an orphan. Having no choice, the petitioner has approached this Court for issuance of a Writ or an order or direction whichever is appropriate to the authorities/respondents to pay her the family pension which was enjoyed by her deceased mother. 4. In an affidavit filed on behalf of the respondent No. 1, it is stated that on receipt of the legal notice from the learned counsel for the petitioner, all the necessary information/documents have been sent to the Accountant General by the Pension Cell of Government of Manipur for taking further necessary action vide letter No. 8/1/2012/DC/(Edn-S) dated 09.10.2014 and thereafter, the office of the Accountant General, Manipur sent a letter dated 22.12.2014 to Pension Cell to furnish necessary order for transfer of family pension to the unmarried daughter that is the petitioner. However, the Pension Cell not being the authority dealing with the transfer of family pension, wrote a letter dated 03.01.2015 to the Director, Education (S) for furnishing the necessary documents as requested by the Accountant General since Pension Cell of the Department is the authority dealing with it. It is also stated that the Pension Cell of the Government of Manipur does not deal with transfer of family pension, it is the Department concerned who deals with it; therefore, the respondent No. 1 has nothing to do with it. The respondent No. 2, who is the Accountant General, Manipur also submitted an affidavit-in-opposition stating at the very outset that the petitioner’s case should have been forwarded under Form - 20 which is the prescribed format, but since it was forwarded under Form- 14, that too, without the required documents, her case could not be processed. Accordingly, the Under Secretary (Pension Cell) Government of Manipur was requested to furnish the required documents through a letter dated 22.12.2014 No. Pen-1/4-316/SP/95- 96/1732. It is also stated that the petitioner should have submitted all the required documents to the Pension Cell of the department under which her mother was working who thereafter would have forwarded the same to the office of the Accountant General. Since this has not been done, the Accountant General’s office has remained helpless. Further, it is stated that since the petitioner is about 25 years of age, transfer of Family Pension to her can only be done after receipt of a declaration that she is unmarried by the Family Court as per the Government of Manipur O.M. 9/54/2009-FD(PIC) dated 17.05.2011 and corrigendum dated 27.06.2011(X/2). This requirement was intimated to the counsel for the petitioner, vide office letter dated 04.08.2014 but nothing has come from the petitioner’s side. 5. After hearing all the learned counsel for the parties, I have gathered that the benefit of family pension has been extended to unmarried daughters. The only snag that has prevented issuance of the necessary order for payment of family pension to the petitioner appears to be for non-submission of the required documents partly by the Department of Education(S) and partly by the petitioner herself. 6. The only snag that has prevented issuance of the necessary order for payment of family pension to the petitioner appears to be for non-submission of the required documents partly by the Department of Education(S) and partly by the petitioner herself. 6. The most important document which shows that the benefit of family pension has been extended to an unmarried/widowed/divorced daughter of a deceased pensioner and also the requisite documents to be submitted by the claimant to the authorities who are involved in processing and finalizing such a claim is O.M. dated 17.05.2011 issued by the Finance Department (PIC), Government of Manipur. “GOVERNMENT OF MANIPUR SECRETARIAT : FINANCE DEPARTMENT (PAY IMPLEMENTATION CELL) OFFICE MEMORANDUM Imphal, the 17th May, 2011 Subject : Grant of family pension to the unmarried/widowed/divorced daughter – clarification thereof. No.9/54/2009-FD(PIC) : The undersigned is directed to say that orders for revision of provisions regulating pension/gratuity/commutation of pension/family pension/disability pension of post 01/01/2006 pensioners/ family pensioners were issued vide this Department’s Office Memorandum No. 9/3/2010- FD(PIC), dated 05.05.2010. Under Para 8.4 Category – II (c) of the above OM, the benefit of family pension has also been extended to the unmarried/widowed/divorced daughter, not covered by Category – I of para 8.4 of the said OM dated 05.05.2010, up the date of marriage/re-marriage or till the date she starts earning or up to the date of death, whichever is earliest, of the Government servants who retired or expired as a pensioner or died/die while in service, as the case may be, on or after 01.01.2006. 2. In order to facilitate prompt disposal of family pension claim whenever made by such unmarried/widowed/divorced daughter covered under Category – II(c) of para 8.4 of the OM dated 05.05.2010 and to prevent misuse of the benefit, it is hereby clarified that the Pension Sanctioning Authorities should sanction the family pension, for the first payment, only on production of an Order/Decree passed by the Chief Judicial Magistrate of the District concerned to the effect that the claimant is unmarried/widowed/divorced daughter of the deceased pensioner/Government Servant. 3. It is reiterated that sanction of family pension in such cases on the basis of papers/documents, such as , the Affidavits produced by the claimants and which are non-Government documents shall not be entertained as notified vide Office Memorandum No. 8/9/84-PIC, dated 26.03.1993 issued in consultation with Law Department. 4. 3. It is reiterated that sanction of family pension in such cases on the basis of papers/documents, such as , the Affidavits produced by the claimants and which are non-Government documents shall not be entertained as notified vide Office Memorandum No. 8/9/84-PIC, dated 26.03.1993 issued in consultation with Law Department. 4. Claim of such family pension should be submitted by the Pension Sanctioning Authorities to the Office of the Sr. Deputy Accountant General (A & E), Manipur through the State Pension Cell for further consideration. 5. The Pension Sanctioning Authority shall bear in mind the above instructions while processing and sanctioning such family pension. 6. The family pensioner, in such cases, after receipt of the first payment of family pension, should produce before the Treasury Officer concerned for every 6 (six) months on 1st January and 1st July every year a Certificate duly signed by a Group “A” Gazetted Government Officer to the effect that she (the family pensioner) has not been married or re-married or earning. Sd/- Commissioner (Finance) Government of Manipur” 7. From the above memorandum, it is clear that family pension has been extended to unmarried/widowed/divorced daughters also and to avail such benefit, the petitioner or claimant has to produce an order/decree passed by the Chief Judicial Magistrate concerned which now has been replaced by Family Court vide corrigendum issued by the same Department dated 27.06.2011 No. 9/54/2009-FD(PIC) to show that she is unmarried. It is also clear that claim for family pension should be submitted by the Pension Sanctioning Authority in this case, the Department of Education(S), Pension Cell as stated by the respondent No. 1 to the Senior Deputy Accountant General (A&E) through the State Pension Cell for further consideration. However, it is contended by the learned counsel for the petitioner that this rule is ultra-vires the statute, therefore, it should not be followed in processing the family pension claim of the petitioner. This contention of the learned counsel cannot be entertained since the O.M. has not been specifically challenged in the petition. That apart, I find nothing in the O.M. which contravenes the rule. The O.M. is just to ensure that only the deserving persons get the benefit. The Government in their wisdom have issued the same so as to prevent people who are not entitled to get such benefit. That apart, I find nothing in the O.M. which contravenes the rule. The O.M. is just to ensure that only the deserving persons get the benefit. The Government in their wisdom have issued the same so as to prevent people who are not entitled to get such benefit. However, I record my appreciation on the concern expressed by the learned counsel that to get an order or decree from Family Court is cumbersome process and such process ought not to be imposed on daughters who are unmarried/widowed/divorced considering their special circumstances. Perhaps the Government may consider adopting a different method which may be easier for such category of persons to get such certificate. Like, a certificate from the D.C. concerned with verification of the local Ward Member/Pradhan/Village Chief etc. But as of now, the O.M. holds good. Therefore, the petitioner will have to follow the same to get her claim approved. 8. In view of the law that holds the field today and the reasons discussed, this case is disposed with the following order or direction. That, the Director of Education (S), Government of Manipur shall issue the necessary order on receipt of required documents from the petitioner and forward the same through the Pension Cell of the Government of Manipur to the Accountant General’s office, who on receipt of the same shall at the earliest do the needful, so that the petitioner start enjoying the benefit of the family pension. This Court is aware that the Director of Education(S) has not been arrayed as party in this case, but in view of the letter dated 03.01.2015, stated to have been written by the office of the Pension Cell, Government of Manipur for issuance of necessary order for transfer of the family pension to the petitioner’s name from her mother’s name, I do not consider it necessary to direct the petitioner for impleadment of the Secretary or Director of the Education Department (S). The more the litigation is delayed, the suffering of the petitioner, who is stated to be an orphan now, would be prolonged and that is not what is contemplated by such law, which has extended Family Pension to unmarried daughters. The more the litigation is delayed, the suffering of the petitioner, who is stated to be an orphan now, would be prolonged and that is not what is contemplated by such law, which has extended Family Pension to unmarried daughters. The petitioner would be well advised to approach the Family Court as per the Government OM 9/54/2009- FD(PIC) dated 14.05.2011 and Corrigendum dated 27.06.2011(X/2) since the same was issued not to defeat the purpose of the statute but to ensure that only persons who are entitled to get the benefit. With this, writ petition is disposed.