BY AD v. LAKSHMI RAMADAS

A.SAUDAMINI AGED 55 YEARS D/O.SANKARAN NAIR (LATE), M.S.P.I. BN, MADRAS BN, ARIKKAT HOUSE, P.O.TRIKKALANGODE, KARIKKAD, MANJERI, MALAPPURAM DISTRICT-676127, PIN - 676127 THE SECRETARY (HOME) ARUNACHAL PRADESH ADMINISTRATION, ITANAGAR (ARUNACHAL PRADESH), PIN - 791111 THE PRINCIPAL ACCOUNTANT GENERAL (A AND E) KERALA, M.G.ROAD, P.B.NO.5607, THIRUVANANTHAPURAM-695001, PIN – 695001 THE DISTRICT TREASURY OFFICER MANJERI, MALAPPURAM.PIN - 676121 [ADDL.R5 IS SUO MOTU IMPLEADED AS PER ORDER DATED 19.11.2020 IN WP(C) 14751/2020]. BY ADVS. LAKSHMI RAMADAS SREEDHAR RAVINDRAN(K/559/2012) SR.GOVT.PLEADER SRI.BIMAL K.NATH THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A.No.2214 of 2023 2 AMIT RAWAL & C.S. SUDHA, JJ. ================================== W.A.No.2214 of 2023 =================================== Dated this the 12th day of January, 2024 JUDGMENT Amit Rawal , J . The present intra-court appeal is directed against the judgment of the Single Bench whereby the case of the 1 st respondent/petitioner for grant of family pension being an unmarried daughter of the Government servant has been allowed from the date when the widow/wife of the Government servant and mother of the petitioner died in the year 2002.

2. The facts leading to the filing of the writ petition before the Single Bench was that the father of the petitioner was an employee of the Government, but was working in the State of Arunachal Pradesh. While discharging his duties in the year 1968 died-in-harness and family pension continued to be disbursed to the wife and the unmarried daughter from 1972 till 2002 when the widow of Government servant died. W.A.No.2214 of 2023 3 On stoppage of the pension, cause of action arose in favour of the respondent/petitioner, submits the counsel. The stand of the Union before the Single Bench and in this intra- court appeal is that before the disintegration of Tamil Nadu Police vis-a-vis the Malabar, Tamil Nadu police force was proper and necessary party for impleadment as the entire service book records are in their possession dehors of the fact that the family pension has still been given to the widow. Even otherwise, the Office Memorandum dated 28th April, 2011 as Annexure-A1 attached with the writ appeal reflects that as and when an unmarried daughter crossed the age of 25 years would be made eligible for family pension and cease to receive the pension drawn earlier,i.e., effective from the date when the order was passed. The afore-mentioned decision was taken in the year 2011 on the basis of O.M. No.1/19/03-P&PW(E) dated 6th September,

2007. Thus, for all intends and purposes, pension, if any, was entitled to be disbursed with effect from the year 2007 and not from the year 2002.

3. On the other hand, learned counsel appearing on W.A.No.2214 of 2023 4 behalf of the respondent/petitioner countered the argument of the counsel for the Union on the ground that it is not the case that the daughter, after the death of her father, was not beneficiary of the family pension, she was getting a proportionate share along with the widowed mother who unfortunately died in the year 2002. The Circular as relied upon would not be applicable rather the Union should be burdened with payment of the interest.

4. We have heard learned counsel for the parties and appraised the paper book.

5. By examining the judgment under challenge it is discerned that the Single Bench did not agree with the contention of the appellant/Union regarding the non- impleadment of Tamil Nadu Government nor that the deceased Government servant was an employee of the Arunachal Pradesh Government. It was categorically found that he was on the Government of India job and the pension after his demise was being disbursed by the Union Government. In this view of the matter, we concur with the W.A.No.2214 of 2023 5 finding of the learned Single Bench vis-a-vis the liability fastened upon the Union to pay or disburse the family pension.

6. The question, which arises for consideration is whether in view of the Circular referred to above, the 1 st respondent/petitioner would be entitled to seek the family pension from the year 2002, i.e., the date of the demise of the widowed mother or from the date of the Circular. For deciding the afore-mentioned controversy, it would be expedient to extract the following contents of Annexure-A1:- “No.1/13/09-P&PW(E) Government of India Ministry of Personnel, Public Grievances & Pensions Department of Pension & Pensioners' Welfare New Delhi, the 28th April, 2011 Lok Nayak Bhavan, OFFICE MEMORANDUM Extension of Subject: Family Pension to scope of widowed/divorced/unmarried daughter and dependent disabled siblings of Central Government servants/pensioners – Clarifications – reg. The undersigned is directed to state that as per the existing provisions of CCS (Pension) Rules, 1972 as amended from time to time, the W.A.No.2214 of 2023 6 son/daughter of a Government servant/Pensioner is eligible for family pension upto the date of his/her marriage/remarriage or till he/she starts earning or till the age of 25 years, whichever is earlier. Further, a disabled son/daughter of a Government servant/Pensioner suffering from any disorder or disability of mind, including mentally retarded, or who is physically crippled or disabled, is eligible for family pension for life subject to the fulfillment of certain conditions. Subsequently, orders were issued vide this Department's O.M No 45/86/97- P&PW(A) dt. 27.10.97 and No. 1/19/03-P&PW(E) dt. 30.8.2004 making divorced/widowed daughters eligible for family pension even after attaining the age limit of 25 years subject to the fulfillment of certain conditions. It was subsequently clarified vide this Department's OM No. 1/19/03-P&PW(E) dt 11.10.2006 that family pension to widowed/divorced daughters is admissible irrespective of the fact that the divorce/widowhood takes place after attaining the age of 25 years or before.

2. Further, orders have been issued vide this Department's O.M. No. 1/19/03- P&PW(E) dt. 6th September, 2007, whereby an unmarried daughter of a Government servant/Pensioner beyond 25 years of age, has been made eligible for family pension at par with the widowed/divorced daughter subject to fulfillment of certain conditions However, family pension to the widowed/divorced/unmarried daughters shall be payable in order of their date of birth and the younger of them shall not be eligible for family pension unless the next above has become ineligible for grant of family pension. Further, the family pension to widowed/divorced/unmarried daughters above the age of 25 years, shall be payable only after the other eligible children below the age of 25 years have ceased to be eligible to receive family pension and that there is no disabled child to receive the family pension. 3 Subsequently, orders have been issued vide this Department's OM No 1/15/2008-P&PW(E) dt. 17.8 2009 whereby dependent disabled siblings of a Government servant/pensioner have been made eligible for family pension for life subject to the fulfilment of certain conditions.

4. Representations have been received in this Department from various quarters (i.e., Pensioners’ Associations, etc.) to the effect that the claims for family pension of widowed/divorced/unmarried daughters and dependent disabled siblings are not being entertained by certain Ministries/Departments on the plea that their names do not appear in the details of family members submitted by the Government servant/Pension to the Head of Office from where he/she had retired. Besides, in cases where a Government servant/Pensioner had expired W.A.No.2214 of 2023 7 prior to the issue of above referred orders by this Department, the claims of widowed/divorced/unmarried daughters, etc for family pension are not being entertained by Ministries/Departments on the plea that they were not eligible for family pension at the time of retirement/death of the Government servant or death of the Pensioner. This Department has been requested for issue of appropriate clarificatory orders in the matter so as to settle the family pension claims of the aggrieved widowed/divorced/unmarried daughters, etc., of the Government servants/Pensioners. 5 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. 6 All Ministries/Departments are requested kindly to settle the family pension claims of widowed/divorced/unmarried daughters and dependent disabled siblings accordingly on priority. They are also requested to bring these orders to the notice of their attached/subordinate organizations for compliance.

7. This issues with the concurrence of the Ministry of Finance, Department of Expenditure vide their U.O. No. 97/EV/2011 dated 06.04.2011.

8. In so far as their applicability to the personnel of Indian Audit and Accounts Department is concerned, these orders are being issued in consultation with the C&AG of India vide their U.O.No.65-Audit (Rules)/14-2010 dt. 26.4.2011.

9. Hindi version will follow. (K.S. Chibb) Director Tele: 24635979 To All Ministries/Departments of the Government of India” W.A.No.2214 of 2023 8

7. On perusal of the above, the decision taken in the year 2011 was based upon Circular 2007 effective for the purpose of eligibility to the unmarried daughter of the Government servant for the purpose of family pension. We, thus, clarify the order of the Single Bench to the effect that the family pension would be disbursed to the 1st respondent/petitioner from the month of September, 2007 and not from 1st of October, 2002. Union will be at liberty to seek the service books from the Authority having the possession of the same because during all these periods the family pension was being disbursed and drawn by the widow and proportionately by the unmarried daughter. Writ appeal, with the afore-mentioned clarification, stands disposed off. Sd/- AMIT RAWAL JUDGE Sd/- C.S. SUDHA JUDGE W.A.No.2214 of 2023 9 APPENDIX OF WA 2214/2023 APPELLANTS’ ANNEXURES Annexure A1 Annexure A2 A TRUE COPY OF THE OM NO. 1/13/09- P&PW( E ) DATED 28-04-2011 A TRUE COPY OF THE OFFICIAL MEMORANDA F.NO.1/1(1)/2022-P&PW(E ) DATED 26-10-2022