JUDGMENT : 1. Heard Shri Narsingh Narain Lal, learned counsel for the appellant, learned State Counsel representing the respondent nos.1 & 3 and Shri Anurag Srivastava, learned counsel representing the respondent no.2. 2. By filing this special appeal under Chapter VIII Rule 5 of the Rules of the Court the appellant-petitioner has questioned the validity of the order dated 20.02.2023 passed by the learned Single Judge whereby Writ-A No.37360 of 2018 filed by her has been dismissed and her claim for family pension has not been acceded to. 3. Before adverting to the rival submissions made by the learned counsel representing the respective parties, we may note certain facts, which are necessary for appropriate adjudication of the issues involved in this special appeal. 4. Father of the appellant-petitioner late Buniyad Hussain was working as Pharmacist in Government Hospital, Sitapur who retired in the year 1998. After his retirement, he drew pension, however, unfortunately he died on 21.01.1999. On his death, mother of the appellant-petitioner late Sageerun Nisha started getting family pension who also unfortunately died on 05.02.2015 and after death of the mother of the appellant-petitioner, a claim was laid by the appellant-petitioner for family pension on the ground that she is a divorced daughter of late Buniyad Hussain who obtained divorce by mutual consent on 04.09.2013 and accordingly in terms of the provisions contained in the Government Order dated 01.07.2014 she is entitled to family pension. 5. Claim of the appellant-petitioner for grant of family pension was, however, rejected by the Senior Accounts Officer in the office of Accountant General, U.P. Allahabad by means of an order dated 21.06.2018 stating therein that the mother of the appellant-petitioner, late Sageerun Nisha died on 05.02.2015 and as per the decree granted by the competent court of civil jurisdiction the appellant-petitioner has been treated to have been divorced w.e.f. 12.09.2015 and accordingly she has not been found to be dependent on her late mother. Giving the said reason, the claim of the appellant-petitioner for grant of family petition was rejected. 6. The appellant-petitioner instituted the proceedings of Writ-A No.37360 of 2018 challenging the said order dated 21.06.2018 passed by the Senior Accounts Officer in the office of Accountant General, U.P. Allahabad and also praying that the respondents in the writ petition be directed to grant family pension. 7. 6. The appellant-petitioner instituted the proceedings of Writ-A No.37360 of 2018 challenging the said order dated 21.06.2018 passed by the Senior Accounts Officer in the office of Accountant General, U.P. Allahabad and also praying that the respondents in the writ petition be directed to grant family pension. 7. Learned Single Judge, however, has dismissed the writ petition by means of the order dated 20.02.2023 by observing that the decree of declaration of divorce was granted on 12.09.2015 whereas death of mother of the appellant-petitioner had occurred prior to the said date of decree i.e. on 05.02.2015 and hence in terms of the Government Order dated 01.07.2014 on the death of her mother since the appellant-petitioner was not a divorced lady, she could not be said to be dependent on her mother. 8. We have given our thoughtful consideration to the rival submissions made by the learned counsel for the parties and have also perused the records available before us on this special appeal. 9. The claim put forth by the appellant-petitioner is that as per the Muslim Personal Law, she and her husband got divorced on 04.09.2013 by mutual consent and hence she, being divorced prior to date of death of her mother, is entitled for grant of family pension in terms of the government Order dated 01.07.2014. 10. When we peruse the Government Order dated 01.07.2014 what we find is that the said Government Order provides that the legal heirs of a retired government servant will be entitled to family pension only in case the legal heir concerned is dependent of the government employee a cumulative reading of clause 3 and 4 of the Government Order dated 01.07.2014, thus, makes it clear that family pension will be available to a divorced or widowed daughter only if on the date of death of pensioner she fulfills the requisite eligibility condition for grant of family pension, that is to say, on the date of death of the pensioner she was dependent on the pensioner. 11. In view of the aforesaid facts the only question which needs to be considered by this Court is as to whether on the date of death of late Sageerun Nisha the petitioner-appellant was dependent on her or not. 11. In view of the aforesaid facts the only question which needs to be considered by this Court is as to whether on the date of death of late Sageerun Nisha the petitioner-appellant was dependent on her or not. There is no dispute that the appellant-petitioner had pleaded before the authorities concerned that she got divorced from her husband by mutual consent as per in the Muslim Personal Law on 04.09.2013. It is only that she filed a suit seeking declaration of the said fact and the said suit was decreed on 12.09.2015 i.e. after the death of Sageerun Nisha, that the authority concerned has rejected her claim. 12. We have no ambiguity in our mind to observe that date of any declaratory decree will not be the date of a right or a fact, in respect of which declaration is sought. For example, in a suit seeking declaration of rights in a property if the suit is decreed, it cannot be said that right in property concerned in favour of the decree holder shall be conferred on the date of declaratory decree; rather it would be conferred w.e.f. the date it had crystallized in him. Declaratory decree is only a declaration by the court of an already existing right and accordingly from the date of decree no right accrues. Declaratory decree is recognition or declaration of a right which has already been in existence prior to filing of the suit seeking such a declaration. 13. In the aforesaid view of the matter, treating the date of divorce to be the date of declaratory decree i.e. 12.09.2015, in our opinion, is completely erroneous view which has been taken by the by the office of Accountant General in this case. Declaratory decree dated 12.09.2015 is not under challenge. The said decree only recognizes and declares that the appellant-petitioner was divorced from her husband on mutual basis as per Muslim Personal Law on 04.09.2013. 14. In view of the aforesaid, we are not in agreement with the order passed by the learned Single Judge which is under challenge before us in this Special Appeal. 15. Accordingly, the Special Appeal is allowed. The order dated 20.02.2023 passed by the learned Single Judge in Writ-A No.37360 of 2018 is hereby set aside. 16. 14. In view of the aforesaid, we are not in agreement with the order passed by the learned Single Judge which is under challenge before us in this Special Appeal. 15. Accordingly, the Special Appeal is allowed. The order dated 20.02.2023 passed by the learned Single Judge in Writ-A No.37360 of 2018 is hereby set aside. 16. We further direct that the respondents shall commence payment of family pension to the appellant-petitioner within six weeks from the date of production of certified copy of this order. 17. However, there will be no order as to costs.